(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "North Carolina Register v.5 no. 17 (12/3/1990)"

^r/^/ r^^'^/ ' "■^/ NbT 



The 
NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 




EXECUTIVE ORDER 
FINAL DECISION LETTER 

PROPOSED RULES 

Auctioneers Commission 

Economic & Community Development 

Environment, Health, and Natural Resources 

Human Resources 

Nursing, Board of :* 



REC€IVED 



ARRC OBJECTIONS 



OEC 6 1990 



RULES INVALIDATED BY JUDICIAL DECISION 



ISSUE DATE: DECEMBER 3, 1990 



Volume 5 • Issue 1 7 • Pages 1 060- 1106 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise appro.ximately fifty pages per 
issue of legal te.xt. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North CaroHna 
Register is available by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments ma>' be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrati\e Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be a\ailable for 
public inspection at the Rules Di\ ision of the Office of 
Administrati\e Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for appro\'al by 
the Administrati\e Rules Re\iew Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrati\e Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request b>' the agen- 
cy, the adopted \ersion will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effecti\e when adopted and remains in 



effect for the period specified in the rule or 180 day 
whichever is less. An agency adopting a temporary' ru 
must begin normal rule-making procedures on the pe 
manent rule at the same time the temporary rule 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) 
a compilation and index of the administrative rules 
25 state agencies and 38 occupational licensing boarc 
The NCAC comprises approximately 15,000 letter si 
single spaced pages of material of which approximat 
ly 35% is changed annually. Compilation and public 
t'ion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Ea( 
state agency is assigned a separate title which is fu 
ther broken down by chapters. Title 21 is designat 
for occupational licensing boards. 

The NCAC is a\ailable in two formats. 

(1) Single pages may be obtained at a minimu 
cost of two dollars and 50 cents (S2.50) for 
pages or less, plus fifteen cents (SO. 15) per ea( 
additional page. 

(2) The full publication consists of 52 volumt 
totaling in excess of 15,000 pages. It is su 
plemented monthly with replacement pages 
one year subscription to the full publication i 
eluding supplements can be purchased f 
seven hundred and fifty dollars ($750.00). I 
di\idual \olumes may also be purchased wi 
supplement service. Renewal subscriptions f 
supplements to the initial publication availab 

Requests for pages of rules or volumes of the NC^ 
should be directed to the Office of Administrati 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pi 
cedures to be followed. For specific statutory languaj 
it is suggested that Articles 2 and 5 of Chapter 150B 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issi 
page number and date. 1:1 NCR 101-201, April 1, 19 

refers to Volume 1. Issue 1, pages 101 through 201 
the North Carolina Register issued on April 1, 198( 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. Drawer 
11666, Raleigh, North Carolina 27604, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars ($105.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement ser\'ice by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions seven hundred and fifty dollars 
($750.00). Individual volumes available. 



i 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 



I. EXECUTE E ORDER 

Executive Order 128... 



.1060 




IE FINAL DECISION LETTER 

Voting Riahts Act 



.1061 



OJfice of Adminhtiati\c Hearings 

P. O. Drawer 11666 

Raleigh. .\C 2-^604 

(919) 7jJ- 267S 



Julian Mann III, 

Director 
James R. Scarcclla Sr., 

Depiiiv Director 
Molly .\lasich. 

Director A PA Services 



III. PROPOSED RL LES 

Economic and Community 
Development 

Banking Commission 1062 

Environment. Health, and 

Natural Resources 

Wildlife Resources 

Commission 1074 

Human Resources 

Services for the Deaf 

and Hard of Hearing 1065 

Licensing Boards 

Auctioneers Commission 1093 

Nursing, Board of 1096 

rV. ARRC OBJECTIONS 1099 

\ . RULES ES\ ALIDA lED BY 

JUDICIAL DECISION 1 102 

VL CUMULATFVT EVDEX 1104 



Staff: 

Ruby Creech, 

Publications Coordinator' 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



NORTH CAROLFSA REGISTER 

Publication Schedule 

(April 1990 - December 1991) 



Issue 


Last Day 


Last Day 


Earliest 


+ 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


Public 


Effective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


++**++++ 


++++++++ 


++++++++ 


+*+++++* 


++++*++< 


04/02/90 


03/12/90 


03/19,90 


05/02/90 


08/01/90 


04/16/90 


03/23/90 


03/30/90 


05/16/90 


08'01/90 


05/01/90 


04/09/90 


04< 17/90 


05/31/90 


09/01/90 


05/15/90 


04/24/90 


05/01/90 


06/14/90 


09/01/90 


06/01/90 


05/10 90 


05/17/90 


07/01/90 


10/01/90 


06/15/90 


05/ 24 90 


06 01/90 


07/15/90 


10/01/90 


07/02/90 


06/11/90 


06/18,90 


08/01/90 


11/01/90 


07/16/90 


06/22,90 


06/29/90 


08/15/90 


11/01/90 


08/01/90 


07/11 90 


07/18/90 


08/31/90 


12/01/90 


08/15/90 


07/25 90 


08/01/90 


09' 14/90 


12/01 '90 


09/04/90 


08/13,90 


08 20/90 


10/04/90 


01/01/91 


09/14/90 


08/24/90 


08/31/90 


10/14/90 


01/01/91 


10/01/90 


09/10/90 


09/17/90 


10/31/90 


02/01/91 


10/15/90 


09/25,90 


10,02/90 


11/14/90 


02/01/91 


11/01/90 


10/11,90 


10/18/90 


11/30/90 


03/01/91 


11/15/90 


10,24 90 


10/31/90 


12/14/90 


03 01/91 


12/03 '90 


11/08,90 


11/15/90 


01/02/91 


0401/91 


12/14/90 


11/21/90 


11/30 '90 


01 '13/91 


04 01/91 


01/02/91 


12 07 90 


12,14/90 


02/01/91 


05'01/91 


01/15/91 


12 20 90 


12/31/90 


02/14/91 


05/01/91 


02/01/91 


01; 10/91 


01/17/91 


03/03/91 


0601/91 


02/15 91 


01 '25 91 


02/01/91 


03/17/91 


06/01/91 


03 01/91 


02 08 91 


02 15/91 


03/31/91 


0701/91 


03/15/91 


02,22 91 


03 01/91 


04/14/91 


07/01/91 


04/01/91 


03/11,91 


03/18/91 


05/01/91 


08/01/91 


04/15/91 


03/22 91 


04/01/91 


05/15/91 


08/01/91 


05/01/91 


04 10 91 


04/ 17/91 


05/31/91 


09'01/91 


05-15 91 


04 24 91 


05 01/91 


06' 14/91 


09/01/91 


06/03/91 


05,10 91 


05,17/91 


07/03/91 


10,01/91 


06/14/91 


05/23 91 


05/31/91 


07/14/91 


10/01/91 


07/01/91 


06 10 91 


06/17/91 


07/31/91 


11/01/91 


07/15/91 


06'21 91 


0628/91 


08/14/91 


11/01/91 


08/01/91 


07'ir91 


07/18/91 


08/31/91 


12'01/91 


08/15,91 


07 25 91 


OS 01/91 


09' 14/91 


12 01 '91 


09/03/91 


08 12 91 


08 19/91 


10/03/91 


10 1/92 


09/16'91 


08'23 91 


08/30/91 


10/16/91 


01/01/92 


10 01 91 


09/10 91 


0917/91 


10'31/91 


0201/92 


10/15/91 


09 24 91 


10,01/91 


11/14/91 


02/01 '92 


11/01/91 


10 11 91 


10/18/91 


12/01/91 


03/0 192 


1115 91 


10 24 ^)1 


1031/91 


12' 15/91 


03 01/92 


12 02 ^)1 


11 07 91 


1114/91 


10 1/92 


04 01 '92 


12 16 91 


11 21 91 


12 02 91 


01 15 92 


04 01 92 



* The "Earliest Effective Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the rule with The Administratn'c Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



EXECUTIVE ORDER 



EXECLTIN E ORDER NUMBER 128 

AMENDMENT OF EXECLTIVE ORDER 

NUMBER 127 

By the authority vested in me as Governor by 
the Constitution and laws of North Carolina, IT 
IS ORDERED: 

Executive Order Number 127 amending Execu- 
tive Order Number 1 is amended as follows: 

Executive Order Number 127 is prospective in 
application to appointees of executive branch 



boards, commissions or councils whose initial 
appointment or reappointment occurs on or after 
the date of the order. Members of executive 
branch boards, commissions or councils cur- 
rently ser%ing will have 90 days from the date of 
the order to fde their Statements of Economic 
Interest with the North Carolina Board of Ethics. 

Done in Raleigh, North Carolina this the 1st 
day of November, 1990. 



5:17 NORTH CAROLINA REGISTER December 3, 1990 



1060 



VOTING RIGHTS ACT FINAL DECISION LETTER 



[G.S. 120-30 9H, effecth-e July 16, 1986, requires that all letters and other documents issued by the 
Attorney General of the United States in which a final decision is made concerning a "change af- 
fecting voting" under Section 5 of the I 'oting Rights A ct of 1965 be published in the \orth Carolina 
Register. / 



U.S. Department of Justice 
Civil Rights Division 



JRD:LLT:TGL:rac:gmh 
DJ 166-012-3 
AJ586-588 
AL702 



Votixis Section 
P.O. §0x66128 
Washinaton, D.C. 20035-6128 



November 5, 19<?0 



Robert C. Cogswell, Jr.. Esq. 

City Attomev 

P.O. Box 1513 

Fayetteville, North Carolina 28302-1513 

Dear .Mr. Cogswell: 

Tliis refers to the procedures for conducting the November 6, 1990, special election, the change to 
staggered tenns (6-3), the mcrease in the length of term from two to four years, and the implementation 
schedule therefor, for the mayor and council of the City of Fayette\Llle in Cumberland County, North 
Carolma, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, 
as amended, 42 U.S.C. 1973c. We received your submission on September 7, 1990. 

The Attorney General does not interpose any objection to the specified changes. Howe\er, we 
note that the failure of the Attorney General to object does not bar subsequent litigation to enjom the 
enforcement of the changes. See the Procedures for the Administration ot Section 5 (28 C.F.R. 51.41). 



Sincerely, 



John R. Dunne 

Assistant Attorney General 

Civil Rights Division 



By: 



J. Gerald Hebert 
Acting Chief, Votina Section 



1061 



5:17 NORTH CAROLINA REGISTER December 3, 1990 



PROPOSED RULES 



TITLE 4 - DEPARTMENT OF ECONOMIC 
AND COMMUNITY DEVELOPMENT 

jyotice is hereby given in accordance with G.S. 
I SOB- 1 2 that the North Carolina Banking Com- 
mission intends to repeal rule(s) cited as 4 NCAC 
30 .000/ - .0003; and adopt rule(s) cited as 4 
NCAC 3G .0104, .0201 - .0203, .0301 - .0303, 
,0401 - .0403, .0501 - .0504, .0601. 

1 he proposed effective date of this action is April 
I, 1991. 

1 he public hearing will be conducted at 2:00 
p.m. on January 15, 1991 at the Dobbs Building, 
6th Floor, Room 6168, 430 North Salisbury 
Street, Raleigh, North Carolina. 

y^omment Procedures: Comments must be sub- 
mitted in writing not later than 1 ,4191 . Written 
comments should be directed to: 

L. McNeil Chestnut, General Counsel 

Post Office Box 29512 
Raleigh, North Carolina 27626-0512 

Time for presentations may be limited by the 
hearing officer. 

CHAPTER 3 - BANKING COMMISSION 

SUBCHAPTER 3G - FLNERAL AND BLRIAL 
TRUST FUNDS 

.0001 APPLICATION FOR LICENSE 

(REPEALED) 
.0002 ISSUANCE OF LICENSE 

(REPEALED) 
.0003 PRENEED BURIAL CONTRACTS 

(REPEALED) 

Statutory Authority G.S. 53-92; 90-210.31 (e); 
90-2/0.34; 90-2l0.34(b); 90-2/0.36; /50B-//(/J. 

SECTION .0100 - ADMINISTRATIVE 

.0104 DEFINITIONS; FILINGS 

(a) As used in these Rules, unless the context 
clearly requires otherwise: 

(1) "Commissioner" has the same meaning 
as set forth at G.S. 90-210.30(1); 

(2) "Financial institution" has the same 
meaning as set forth at G.S. 90-210.30(2); 

(3) "License" means a preneed burial trust li- 
cense; 

(4) "Licensee" means any person, firm, asso- 
ciation or corporation which holds a pre- 



need burial trust license issued pursuant 
to G.S. 90-210.34; 
(5) "Preneed burial contract" has the same 
meaning as set forth at G.S. 90-210.30(3). 
(b) An application for a license, or any report, 
notice, or any other document which is required 
by law or regulation to be filed with the Com- 
missioner should be addressed as follows: 
Commissioner of Banks 
Post Office Box 29512 
Raleigh, North Carolina 27626-0512 



Statutory Authority G.S. 90-2/0.30; 90- 
90-2/0.36; /50B-/1(/). 

SECTION .0200 - LICENSING 



'/0.34; 



.0201 APPLICATION FOR LICENSE 

(a) Any person, firm, association or corpo- 
ration who desires to offer preneed burial trust 
arrangements subject to the provisions of Article 
13B of Chapter 90 of the North Carolina General 
Statutes, must first obtain a license issued by the 
Commissioner. .Aji application can be obtained 
from and should be filed pursuant to Rule 
.0104(b) of this Subchapter. 

(b) Incomplete application fdes outstanding 
more than 30 days will be closed and the appli- 
cation deemed denied. 



5 ta tutory A uthority 
90-2/0.36; /50B-//{/). 



G.S. 90-2/0.34(a); 



.0202 ISSUANCE OF A LICENSE 

On receipt of a completed application and pay- 
ment of the required fee, the Commissioner of 
Banks wUl investigate the applicant to determine 
the applicant's fmancial responsibility, the au- 
thority of the applicant to conduct business in 
North Carolina and the manner in which that 
business has been conducted. If the Commis- 
sioner fmds that the applicant has met the con- 
ditions of G.S. 90-210.34, the Commissioner will 
issue the applicant a renewable license. 



Statutorv 
90-2/0.36; 



Authority 
/50B-//(/J. 



G.S. 90-2/0.34(b); 



.0203 EXPIRATION AND RENEWAL 

(a) A license will be valid from the date of is- 
suance and, unless timely renewed, shall expire 
on June 30th of each year. 

(b) Thirty days prior to the date of expiration, 
each licensee, desiring to renew its license, must 
submit to the Commissioner a renewal request 
together with the required annual licensing fee. 

(c) Unless a licensee timely renews a license, 
the licensee may not, after the date of expiration. 



5: 1 7 NOR TH CAR OLINA REGIS TER December 3, 1990 



1062 



PROPOSED RULES 



accept any new prcneed burial trust funds subject 
to the provisions of Article 13B of Chapter 90 
of the North Carolina General Statutes. 

Statutory Authoritv G.S. 90-210.34; 90-2 J 0.36; 
150B-11(I). 

SECTION .0300 - F'RENEED BLRI.\L 
CONTR.VCTS 

.0.^01 [M'ES .VND RE\OC.\BILITV OF 
CONTRACTS 

(a) Licensees may make preneed burial trust 
arrangements available to the public through ei- 
ther of the following types of contracts: 

(1) Standard Contract. A standard preneed 
burial contract applies all monies paid on 
deposit by or for the contract beneficiary, 
together with any increases to the trust 
fund, toward the purchase of funeral ser- 
vices and merchandise without a guaran- 
tee against price increases. 

(2) Inflation-proof Contracts. An inflation- 
proof contract establishes a fixed price for 
funeral services and merchandise without 
regard to price increases. It permits the 
licensee to retain all of the preneed burial 
funds on deposit, even those in excess of 
the cost of goods and ser\'ices provided, 
when the licensee has fulfilled the contract 
obligation. 

(b) At the election of the purchaser, either the 
standard or intlation-proof preneed burial con- 
tract, can be made revocable or irrevocable. 
Revocable contracts may be revoked by the pur- 
chaser and the funds remitted in accordance with 
G.S. 90-210.32. While the contract purchaser, 
or upon the purchaser's death, the beneficiary or 
the beneficiary's designated representative, may 
choose a successor funeral home to pertbrm un- 
der an irrevocable contract, burial trust funds 
held under such contracts may not be refunded. 
Form 52. Substitution of Trustee for a Standard 
or Inflation-proof Irrevocable Preneed Burial 
Contract, may be used to designate a successor 
funeral home as trustee. This form is available 
through the North Carolina Funeral Directors 
Association pursuant to Rule .0303 of this Sec- 
tion. 

Statutory. Authority G.S. 90-210.31; 

90-2/0.32fdj; 90-2/0.36; I50B-1I(I). 

.0302 RET.MN.VGE 

.-\ licensee who offers trust funded inflation- 
proof preneed funeral arrangements may retain 
up to ten percent of any payments made on the 
contract if the licensee fdes a bond in the manner 
prescribed by law. Acceptable security for a 



bond may be provided through a commercial 
surety company or through an irrevocable letter 
of credit issued by an insured fmancial institu- 
tion. If a bond is secured by a commercial 
surety, the licensee must fde Bond Form 50, to- 
gether with proof of surety. If surety is provided 
through an irrevocable letter of credit, the 
licensee must fde Form 50A together with the 
original letter of credit. Either bond form may 
be obtained from and must be fded, together with 
evidence of security, as provided in Rule .0104(b) 
of this Subchapter. 



Statutory Authority 
90-2/0.36; 150B-II(/). 



G.S. 90-2/0.3/ (a/ J ; 



.0303 .\PPRO\ ED CONTRACTS .\ND OTHER 
FORMS 

.A licensee must use preneed burial contract 
forms approved by the Commissioner of Banks. 
Form 49, Standard Preneed Burial Trust Fund 
Contract, and Form 49A, Inllation-proof Pre- 
need Burial Trust Fund Contract, have been ap- 
proved by the Commissioner of Banks and are 
avadable for purchase through the North 
Carohna Funeral Directors Association. Addi- 
tionally, a Certificate of Performance (Form 51) 
and Substitution of Trustee for a Standard or 
Inflation-proof Irrevocable Preneed Contract 
(Form 52) are avadable through the Association. 
That organization may be reached as follows: 

North Carolina Funeral Directors Association 

5860 Farinadon Place, Suite 2 

Raleish, North CaroUna 27609 

Telephone (919) 876-7886 

Telefax (919) 876-5382 



Statutory' Authoritv 
90-2/0.36; /50B-//i/). 



G.S. 



90-2/0.3/ (e); 



SECTION .0400 - DE.\TH OF THE PRENEED 
BLRIAL TRLST CONTRACT BENEFICIARY 

.0401 PERFORMANCE BY A CONTRACTING 
LICENSEE 

Before a licensee who or which has fuOy per- 
formed his or its obligation under a preneed 
burial contract for a deceased beneficiary may be 
paid, the licensee must submit to the fmancial 
institution holding the burial trust funds a Cer- 
tificate of Performance prescribed by the Com- 
missioner of Banks. That form is available 
through the North Carolina Funeral Directors 
Association pursuant to Rule .0303 of this Sub- 
chapter. 

Statuton' .Authority G.S. 90-2/0.31 (c); 
90-2/0.36; 150B-I1(1). 



1063 



5: 1 7 ^OR TH CA R OLINA REGIS TER December 3, 1990 



PROPOSED RULES 



.0402 F'ERFORMANCE BY NON- 
CONTRACTING FUNERAL HOME 

Before a funeral home which was not the ori- 
ginal contracting party, but which has fulfilled 
the terms of a preneed burial contract upon the 
death of the beneficiary, may be paid, it must 
submit to both the licensee which was the ori- 
ginal contracting funeral home and the financial 
institution holding the burial tnist funds the fol- 
lowing: 

(1) a certified copy of the death certificate for 
the deceased beneficiar>'; and 

(2) a copy of the statement of goods and ser- 
vices rendered together with a Certificate of 
Performance prescribed by the Commis- 
sioner. 

The latter form is available through the North 
Carolina Funeral Directors Association pursuant 
to Rule .0303 of this Subchapter. 



Statutory A uthority 
90-210.36: 1508-11(1). 



G.S. 90-210.31 (cl); 



.040.^ EXCESS FLNDS 

A licensee must promptly remit any funds re- 
maining after payment for goods and services 
provided through the terms of a standard preneed 
burial contract to the estate of the deceased ben- 
eficiar\ . 



StatuloiT .-litthority 
90-210.36: I50B-II{1). 



G.S. 90-210.31 (c); 



SECTION .0500 - OPERATIONS 

.0501 RECORD AND BOOKKEEPING 
REQl IREMENTS 

(a) General file. Each Uccnscc must maintain 
at its pnncipal office a complete fde containing 
the foUowmg: 

(1) a copy of its original license application; 

(2) a copy of the current license issued by the 
Commissioner of Banks; 

(3) copies of aU previous preneed examination 
reports; and 

(4) copies of correspondence with the Com- 
missioner. 

(b) Indi\idual files. Each licensee must main- 
tain at its principal office a contract file on each 
preneed burial contract purchased. The file must 
be maintained separately for outstanding con- 
tracts and matured or cancelled contracts. The 
outstanding contract files must include a copy of 
the preneed contract filed alphabetically or nu- 
merically. The matured or cancelled contract 
files should contain a copy of the contract to- 
gether with a copy of the Certificate of Perform- 
ance and should be fded chronologically. 



(c) Other records. Each licensee must maintain 
currently the following records: 

(1) a contract register listing the purchaser's 
name, the amount of the contract, and 
fmal disposition of the contract; 

(2) a cash journal reflecting all preneed pay- 
ments collected; 

(3) a record of all preneed payments depos- 
ited; 

(4) an individual ledger for each contract 
purchaser which reflects the purchaser's 
name, amount of the contract, the 
amount paid on the contract, the balance 
due on the contract, any money retained 
from payments made on inflation-proof 
contracts, deposits to trust, the total de- 
posits to the trust, interest on deposits, 
and the total amount of the trust; 

(5) a control ledger for all purchases which 
lists deposits of preneed payments, net 
amount of payments on deposit, earnings 
on deposit accounts and net amount of 
earnings; 

(6) copies of bank statements from the finan- 
cial institution in which preneed burial 
trust funds are deposited, certificate of de- 
posit records, including both principal and 
interest transactions, and/or trust ac- 
countings. 

(d) Record accuracy. Individual ledgers, the 
control ledger and records of the depositor)' fi- 
nancial institutions must be balanced at least an- 
nually to ensure their accuracy. 

(e) Exceptions. Any exceptions to the record 
and bookkeeping requirements must be approved 
by the Commissioner. 

(f) Change of location. Any change of business 
address where the records are maintained must 
be furnished to the Commissioner in writing at 
the time of change. 

Statutory Authority G.S. 90-210.31; 

90-2I0.35(a); 90-210.36; 1508-11(1). 

.0502 ANNUAL REPORT 

Each preneed licensee must file with the Com- 
missioner of Banks an armual report in the 
manner and form prescribed by the Commis- 
sioner. The armual report shall be fded not later 
than March 31 each year for the preceding year 
ending December 31. 

Statutory Authority G.S. 90-2/0.36; 1508-11(1). 

.0503 NOTICE OF TRANSFER 

Before a licensee may transfer preneed burial 
trust accounts to a fmancial institution that was 
not the original depository, the licensee must fu-st 



5: 1 7 NOR TH CAROLINA REGIS TER December 3,1990 



1064 



PROPOSED RULES 



fde written notice of the transfer with the Com- 
missioner. Such notice must include the name 
and address of the successor fmancial institution, 
the branch otTice at which preneed burial trust 
deposits are customarily made, and the name and 
telephone number of a contact person at such 
office. 

Also pursuant to G.S. 90-210. 35(bj. before the 
transfer may be made, the successor fmancial in- 
stitution must expressly agree to disclose preneed 
burial contract account information to the Com- 
missioner or a designated examiner. 



Siatinon' A uthoriiy 
90-210.36; ISOB-lKl). 



G.S. 90-2l0.35(bj; 



.0504 .ASSIGNMENT .\ND TERMIN.ATION 

In the event that the preneed burial trust 
licensee transfers or assigns its assets or stock to 
a successor business interest or terminates its 
business, the licensee must advise the Commis- 
sioner of Banks of the assignment or termination 
on a form prescribed for that purpose by the 
Commissioner. The form may be obtained from 
and shall be with the Commissioner as provided 
by Rule .0104(b) of this Subchapter. 



Statuion' .4 uthority 
90-210.36; I50B-I1(1). 



G.S. 



90-2I0.35(cj; 



SECTION .0600 - LICENSE REVOCATION OR 
SUSPENSION 

.060] RE\OC\TION OR SUSPENSION; 
HE.ARINCS 

(a) .Ajny one or more of the following acts shaU 
be grounds for re\'ocation, suspension or non- 
renewal of a preneed burial trust license: 

(1) Failure to deposit trust funds within 30 
days of receipt: 

(2) Failure to maintain a preneed burial trust 
account in a fmancial institution in the 
name of the licensee as trustee; 

(3) Making unauthorized withdrawals or re- 
funds of preneed burial trust deposits: 

(4) Failure to use approved preneed burial 
contract forms: 

(5) Engaging in an unlawful act or practice 
which is not in good faith or fair dealing 
with the public or which involves breach 
of fi Juciar.' duty or dishonesty: 

(6) Failure to tile any report or notice within 
the time period prescribed by these Rules. 

(b) --Vny hearings conducted pursuant to G.S. 
90-210.36 shall proceed in accordance with 4 
NC.AC 3B .0200 et. seq. and Chapter 150B of the 
North Carolina General Statutes. 



Statuton- .Authority G.S. 90-210.31; 90-210.32; 
90-210.33; 90-2/0.36; I50B-ll(lj. 

TITLF 10 - DEPARTMENT OF HUM.AN 
RESOURCES 

J\ otice is hereby given in accordance with G.S. 
I50B-I2 that the Department of Human Re- 
sources. Division of Services for the Deaf and the 
Hard of Hearing intends to adopt nde(s) cited 
as 10 SC.AC 20F .0501 - .0511. 

1 he proposed effective date of this action is .April 
I. 1991. 

1 he public hearing will be conducted from 4:00 
p.m. - 7:00 p.m. at: 

January '' . 1991 

SC School for the Deaf at Morganton 

5n ir. Fleming Drive 

Morganton, \'C 23655 

Januar; S. 1991 

Central .\C School for the Deaf 

Greensboro. .\C 2^415-46~0 

January; 9. 1991 

Eastern SC School for the Deaf 

Hwy 301 

Wilson. .\C 2~S94-2^6S 

(^ omment Procedures: 1 1 'ritten comments may 
be recei\ed prior to any of the public hearing dates 
and no later than Januar}: 9. 1991 . Send to: 

Division of Services for the Deaf, Hard of 

Hearing 

695-.A Palmer Drive 

Raleigh. \C 27603 

CH.VPTER 20 - \ OCATION.VL 
REM ABILIT.ATION 

SUBCH.APTER 20F - ( Ol NCIL FOR THE 
FIE.ARING IMPAIRED 

SECTION .0500 -NORIII CAROLINA 
INTERPREIER CLASSIFICATION SYSTEM 

.0501 .VPPI ICABILITV 

The rules in this Section establish an interpreter 
classification system to reflect the competency of 
individuals sep.'ing as interpreters for persons 
who are deaf or hard of hearing. 

Statutoty .Authority G.S. SB-1(3); SB-6; 
143B-216.33. 



1065 



5:1' SORTH CAROLISA REGISTER December 3, 1990 



PROPOSED RULES 



.0502 DEFINITIONS 

For the purpose of Rules .0501 through .0511 
of this Section the following terms shall have the 
meanings indicated: 

(1) "Sign Language Interpreter" means a per- 
son who performs services for the pubUc in 
the capacity of an interpreter or 
transhterator between one or more deaf per- 
sons and one or more hearing persons using 
American Sign Language. 

(2) "Standards of Ethical Behavior" are be- 
havioral guidelines for interpreters estab- 
lished by the Texas Commission for the 
Deaf and adopted by reference under the 
provisions of G.S. 150B- 14(c) to protect the 
rights of the consumers both hearing and 
hearing impaired and the interpreters. 

(3) "N.C.I.C.S." means the North Carolina 
Interpreter Classification System. 

(4) "The Division" means the North Carolina 
Division of Services for the Deaf and the 
Hard of I learing. 

(5) "Lvaluators" are persons who have re- 
ceived formal instruction regarding the 
NCICS process from the Division regarding 
terminology and scoring in an effort to attain 
the highest level of validity, reliability and 
consistency possible. 

(6) "Classifications" means one of the five 
levels of skill based on the total score given 
by the evaluators on the classification test. 

(7) "Division Director" means the Director of 
the North Carolina Division of Services for 
the Deaf and the Hard of Hearing. 

(8) "State Coordinator" means a person em- 
ployed by the Division of Services for the 
Deaf and the Hard of Hearing whose re- 
sponsibihty is to administer and oversee all 
aspects of the classification process. 

(9) "Interpreter Training" means activities re- 
cognized by the Division which are oriented 
toward the enhancement of interpreting 
practice, values, skills and knowledge such 
as continuing education courses, workshops, 
seminars, conferences, lectures, and post- 
secondary courses. 

(10) "Critical Situations" means any interpret- 
ing assignment which has the potential for 
altering the quality of someone's life either 
physically, emotionally or fmancially. 

Statutory Authority G.S. 8B-I(3); 8B-6; 
I43B-216.33. 

.050.3 ELIGIBILITY 

Applicants shall meet one of the following pre- 
requisites: 



(1) current or expired certification from the 
National Registry of Interpreters for the 
Deaf or its local counterparts or a current 
or expired assessment or certification from 
an organization within another state equiv- 
alent to that of the North Carolina Registry 
of Interpreters for the Deaf; or 

(2) documentation of 200 hours of verifiable 
interpreter experience. A maximum of five 
hours of documented interpreter training 
experience may be substituted for 50 hours 
of verifiable interpreter experience at a ratio 
of one hour of training time equals ten hours 
of interpreter experience; or 

(3) graduation from an interpreter training 
program from a post secondary institution 
accredited by a Regional Board of Accredi- 
tation of Colleges and Universities. Such 
training program must have been sponsored 
by a college, university or community col- 
lege program. 

Statutory Authority G.S. 8B-1(3); SB-6; 
1438-216.33. 

.0504 APPLICATION 

Ihe following shall be the process for apphca- 
tion to be classified: 

(1) Application forms and the dates of classi- 
fication sessions shall be available at any of- 
fice of the Division. 

(2) Applications shall be completed and sent 
to the state office of the Division at least 30 
days prior to the scheduled classification. 
Applicants shaU be selected for each classi- 
fication session in the order that the appli- 
cations were received. Applicants who 
cannot be included in any given classifica- 
tion session shall be placed on priority for 
the next session. 

(3) Each applicant shall return a signed copy 
of the Standards of Ethical Behavior and a 
statement agreeing to maintain the 
confidentiality of the testing materials. 



Statutory A ulhority 
1438-216.33. 



G.S. 88-1(3); SB-6; 



.0505 CLASSIFICATION TEAM AND 
ENALLATOKS 

The criteria for the evaluation team and the 
evaluation team members shall be: 

(1) I he classification team shaU be composed 
of three trained e\aluators. At least one 
evaluator shall be hearing and one shall be 
hearing-impaired. 

(2) Service terms of active evaluators shall be 
a ma.ximum of two years with a mandatory 



5:17 NORTH CAROLINA REGISTER December 3, 1990 



1066 



PROPOSED RULES 



one-\car break between service periods. 
Retraining after the one year break shall be 
required for continued participation on the 
evaluation team. 
(3) All evaluators shall hold a current Class A 
or Class B classification from the Division 
and shall have successfully completed the 
e\'aluator training offered by the Division. 

Siaiuton- Amhoriiv G.S. 88-/(3;; SB-6: 
N3B-2/6.JJ. 

.0506 ( I \SSIHC.\TION 

The classification process shall be as follows: 

( 1 ) 1 he Di\ision shall conduct at least three 
classification sessions per year. 

(2) All testing for classillcations shall be vide- 
otaped. 

(3) A written test covering the Standards of 
Ethical Behavior shall be administered prior 
to the skills portion of the NCICS process 
of which a required 80 percent passing score 
shall be required in order to proceed to the 
skills portion of the process. 

(4) Classifications shaU be based on the points 
awarded by evaluators during the classifica- 
tion process. The maximum number of 
points is 1000. Classifications to be awarded 
will be as follows: 

(a) "Trainee Class" is a two year temporary 
classification indicating the 

Interpreter transliterator exliibited only 
the minimal entry le\el skills necessary for 
becoming classified achieving 40 percent 
to 59 percent of the total possible points. 
This Interpreter shall not under any cir- 
cumstances accept or be placed in an as- 
signment which could have a damaging 
affect on a person's financial or physical 
well being. 

(bj "Class D" is an interpreter transhterator 
with limited interpreting and or transliter- 
ating skills scoring 60 percent to 69 per- 
cent of the total possible points. This 
Interpreter, with the necessary training, 
could be assigned for non-critical slow 
paced situations In which there would be 
the ability to stop the speaker for clarifi- 
cation. 

(c) "Class C" means an 

interpreter transliterator with intermediate 
skills scoring 70 percent to 79 percent of 
the total possible points. Tliis interpreter 
has demonstrated competency in all areas 
of interpreting and transliterating; how- 
ever, it shall not be assumed that a Class 
C interpreter is capable of handlmg any 
and all situations. Critical medical and 



legal assignments shall be performed by 
Class A or Class B interpreters who have 
training and experience In these critical 
areas. 

(d) "Class B"' is an interpreter transliterator 
with comprehensive skills scoring 80 per- 
cent to 89 percent of the total possible 
points. This interpreter has demonstrated 
a high level of competency in all areas of 
Interpreting and transliterating and has 
shown the ability to accurately convey the 
subtleties of emotion, in addition to con- 
cepts, needed for mental health and court 
situations. It shall be acceptable to send 
this Interpreter into almost any setting 
pro\ided they have received proper train- 
ing in the particular area beforehand or 
had prior expenence. 

This Interpreter would be qualified for 
G.S. 8B-6 assignments. It shall procedure 
to use a Class A interpreter in the most 
critical situations where at all possible. 

(e) "Class A" is an interpreter transliterator 
with advanced skills scoring the highest 
possible 90 percent to 100 percent of the 
total possible points. This interpreter has 
demonstrated the highest level of compe- 
tency of all areas of interpreting and 
transliterating and has shown the ability 
to accurately convey all aspects of the 
spoken or signed message including nu- 
ances of emotion, content and Intricate 
concepts. Class A mtcrpreters with 
proN'en expertise or training shall be used 
in critical situations. This interpreter is 
qualified for G.S. 8B-6 assignments. 

(5) Interpreters who hold national certification 
from The National Registn,' of Interpreters 
for the Deaf Class A and Class B level from 
the N.C.I.C.S. with proven experience in the 
respective area they are being called to in- 
terpret are qualified interpreters for the pur- 
pose of meeting the requirements of G.S. 
8B-6. 

(6) All candidates shaU receive notification of 
their results within 30 calendar days of the 
date of their classification session. 

(7) All candidates receiving classification from 
the N.C.I.C.S. shall have the option of hav- 
ing their names, phone numbers and ad- 
dresses or their names only printed in the 
North Carohna Interpreter Directory. This 
Director)' shall pro\ide a reference for all 
consumers of interpreters. It shall also be a 
reference for all agencies who must meet the 
requirements of hiring only qualified inter- 
preters as set forth in G.S. 8B-6. 



1067 



5: 1 7 NOR TH CA R OLINA REGIS TER December 3, 1 990 



PROPOSED RULES 



(8) Candidates who do not exhibit skills at the 
minimum Trainee Class le\el may reapply 
for classification 60 calendar days after re- 
ceipt of the results of their pre\ious classi- 
fication session. 



Statutorv A ulhority 
I43B-2I6.33. 



G.S. SB-I{3); 8B-6; 



.0507 AI'I'KAI. OF CI ASSIFICA HON 
DKCISION 

There shall be two basis on which an individual 
may appeal their classification; evaluator conduct 
and classification scoring. The following shall 
be the process for resolution of appeals on either 
of these bases: 

(1) F.valuator Conduct: 

(a) Candidates who are dissatisfied with their 
classification shall send a written request 
for a review of the classification to the 
State Coordinator within 30 calendar days 
of their receipt of notification of their 
classification status. 

(b) The State Coordinator shall conduct an 
investigation of the alleged misconduct of 
the e\aluator and pro\ide a response to 
the applicant within 45 calendar days of 
receipt of the request. 

(c) One additional 45 calendar day extension 
may be requested by the State Coordina- 
tor from the applicant if additional time 
is needed to conduct the in\estigation. 

(d) A candidate who remains dissatisfied with 
the results of the State Coordinator's in- 
vestigation and response may request a 
final re\icw from the Disision Director. 
The request shall be made within 30 cal- 
endar days of the individuals receipt of 
the results of the State Coordinator's in- 
\'estigation. 

(e) The Di\ision Director shall make an in- 
\'estigation and respond within 45 days of 
receipt of the request. The decision of the 
Division Director shall be the final agency 
decision. 

(2) Classification Scoring: 

(a) Candidates who are dissatisfied with their 
classification results shall send a written 
request for a re\iew of their \ideotaped 
classification by a second classification re- 
view team. This request shall be sent to 
the State Coordinator within 30 calendar 
da\s of receipt of notification of their 
classification status. 

(b) 1 he classification review team shall be 
composed of tliree classification team 
members in which at least one shall be 
heanng and one shall be heanng impaired. 



(c) The applicant shall have the right to reject 
participation of any classification review- 
team member if there exists a confiict of 
interest or other situation that might im- 
pair the objectivity of the team member. 

(d) If the results of the classification review 
team are consistent with the original clas- 
sification team's score by a score of 50 
points from the mean score the first clas- 
sification team's score shaU be accepted. 

(e) Inconsistent results of the classification 
review team with the original classification 
team's results of more than 50 points 
spread high or low from the mean shall 
result in allowing the candidate to rctcst 
at no additional charge to the candidate. 

(f) The decision of the classification review 
team shall be the final agency decision. 

(g) The State Coordinator shall provide a re- 
sponse on the classification review team's 
scoring within 60 calendar days upon re- 
ceipt of the request. 

(h) One additional 30 calendar day extension 
may be requested by the State Coordina- 
tor from the applicant if additional time 
is needed to conduct the review. 

Statutorv Authoritv G.S. SB-I(3): SB-6; 
/43B-2/6.33. 

.0508 RK\OC.MION OK CLASSIFICA HON 

The following shall be the process by w hich the 
Division shall hear complaints brouglit against 
an interpreter practicing in the State of North 
Carolina: 

(1) Extent of Jurisdiction: 

(a) The North Carohna Interpreter Classi- 
fication System (NCICS) Grievance 
Committee (hereafter referred to as the 
Committee) shall hear giievances brought 
by consumers (both deaf and hearing), 
state agencies and interpreters. 

(b) The Committee shall consider gne\ances 
alleging both violations of the estabhshed 
Standards of Ethical Behavior and 
questions of interpreter competence. 

(c) The Committee's junsdiction shall extend 
to all persons who have a current classi- 
fication approved by the NCICS. The 
Committee shall also serve as a forum for 
concerns and complaints related to those 
persons identifying themselves as inter- 
preters and classified under the NCICS 
but who have not demonstrated their 
competence through the NCICS. 

(d) Ihe Committee shall act upon every 
complaint properl> brouglit before it. 
Said complaint must be filed and acted 



5:17 NORTH CAROLINA REGISTER December i, 1990 



1 068 



PROPOSED RULES 



upon according to the written procedures 
published herein. 

(2) Composition of the Committee: 

(a) The members of the Committee shall be 
selected by the NCICS Coordinator and 
approN'ed by the DSD HH Director. 

(h) The Committee shall have six members. 

(c) Ihree members shall be e\aluators, of 
which at least one shall be hearing- 
impaired and at least one shall be hearing. 

(d) One shall be a hearing-impaired consumer. 

(e) One shall be an interpreter holding a Class 
A or Class B classification from the 
NCICS or an interpreter certified bv the 
NRID. 

(f) One shall be a he;uing consumer of inter- 
preters. 

(g) Terms of tenure for the Committee shall 
not exceed four years. 

(3) Procedures: 

(a) Committee Meetmgs: 

(i) The Committee shall meet as needed in 
accordance with complaints filed and at 
the request of the NCICS Coordinator. 

(ii) Two weeks notice of each meeting shall 
be given to aU persons who may be af- 
fected by the deliberations at that meeting 
and each meetmg shall be held at a time 
and place reasonably con\erLient for all 
those who have been notified to attend. 

(b) Filing a Complamt: 

(i) A complaint ma\ be tiled with the 
Committee by writing the NCICS Coor- 
dinator within 90 days of the alleged \io- 
lation. 

(ii) A complamt may be tiled by any person 
utilizing Interpreting services, or having a 
direct or professional interest in the oc- 
currence specified in the complaint. 

(iii) The complaint must be presented to 
the Committee m writing. If necessar>". a 
complaint may be presented oraUy or 
manually, in which case such statement 
shall be videotaped. 

(iv) The complaint must specify the alleged 
offense as to tune, place and actions. 

(c) Initial Action of the Complaint: 

.Alter a complaint has been recei\ed and 
recorded, the Committee shall decide 
uhether the complaint warrants ins'esti- 
gation. 
(i) If the Committee decides not to iriNesti- 
gate, it must specify the reason or reasons 
for this decision in writing to the 
compkiinant with interpretation translit- 
eration by a representative of the Com- 
mittee if necessar,'. 



(ii) If a majoritN' of the Committee decides 
that an investigation is warranted, facts 
and circumstances constituting the com- 
plaint shall be conveyed in writing, via 
registered mall, return receipt requested, 
to the respondent with a copy furnished 
to the complainant and the Committee 
records. Interpretation transliteration 

shall be provided by a representati\'e of 
the Committee if necessarv'. 

(ui) The written charges shall specify the act 
or acts that precipitated the complaint and 
the tune and place of the Incident. These 
charges shall be accompanied by notice 
of time and place of the meeting at which 
e\ idcnce or testimony must be presented. 

(iv) The complainant may insite a repre- 
sentati\'e to assist them during the pro- 
ceedings. 

(\ ) The respondent may invite a represen- 
tative to assist them during the pro- 
ceedings. 

(vi) Any representatives so invited may 
participate in all proceedings. 

(vii) In addition to written e\idence and a 
representative, each party shall be entitled 
to Invite two witnesses to give testimony, 
with more permissible If agreed to by the 
Committee and all in\olved parties. 

(\iii) No charges may be brought against a 
respondent who is already involved as a 
plaintiff or defendant In a legal proceeding 
Involving the same Incident or complaint. 
If such in\ol\ement occurs after the 
charges have been brought by the Com- 
mittee, all action shall be suspended dur- 
ing the course of the legal proceeding and 
all time limits set by these guidelines shall 
be adjusted accordingly. 

(ix) Committee proceedings may be 

stopped at any time if the complainant 
informs the Committee in w riting of their 
Intent to drop charges, 
(d) Considering the Evidence: 

(i) A quorum of the Committee shall con- 
sist of four members. .A quorum shall be 
present when evidence is presented. The 
Committee may also accept written e\i- 
dence without a quorum. 

(li) All written evidence or facsimiles thereof 
presented to the Committee shall be made 
part of the Committee's record. 

(ill) The Committee shall appoint a clerk 
as recorder for aU otficial proceedings. 
This shall Include verbal and signed testi- 
mony and shall become part of the Com- 
mittee's records. The testimonv mav be 



1069 



5: 1 " yOR TH CAROLINA REGIS TER December 3, 1 990 



PROPOSED RULES 



presented orally or manually, in which 
case such statement shall be videotaped. 

(iv) Committee members shall maintain 
impartiality through every stage of the 
proceedings. 

(v) The Committee shall consider only evi- 
dence which it determines to be reliable 
and relevant to the proceedings. 

(vi) Care shall be taken to ensure 
confidentiality regarding the proceeding to 
prevent future accusations of defamation 
or slander, 
(e) Reaching a Decision: 

(i) Only those Committee members present 
for the oral/manual presentation of evi- 
dence and having access to the written 
evidence shall be entitled to vote. 

(ii) All voting shall be done by secret ballot 
and the decision conveyed to the princi- 
pals Ln accordance with these guidelines. 

(iii) There shall be no proxy voting. 

(iv) No Committee member may sit in 
judgement on a case in which they have 
a conflict of interest. They shall withdraw 
from the case before the Conuiiittce 
brings it formal charges. I'ither party may 
challenge the right of any Committee 
member to ser\'e. If the Committee 
member in question refuses to withdraw, 
the dispute shall be settled by a majority 
vote of the remaining members of the 
Committee. 

(v) Finding against the respondent shall re- 
quire an aflirmati\e vote of a majority of 
the Committee members present and Not- 
ing. Less than a majonty shall result in a 
dismissal of the charges. Ihe Committee 
shall reach all decisions on a case within 
ten days of the completion of the presen- 
tation of all evidence. 

(vi) The Crommittec's decision on the 
charges it has brought shall be wntten and 
shall identify in detail the charges and the 
evidence used in reaching the decision. 
One copy shall be kept for the Commit- 
tee's records, one copy shall be supplied 
to the complainant, and one copy shall 
be supplied to the respondent. If copies 
arc mailed, they are to be sent \ia regis- 
tered mail, return receipt requested. 

(vii) If the Committee decided against the 
respondent, it shall immediately deter- 
mine, in accordance with CxMnmittee 
guidelines, what form of discipline shall 
be administered. A majonty vote of the 
Committee members hearing the case 
shall be required in this decision. 



(viii) No respondent whose case has been 
dismissed may be charged again with the 
same offense in connection with the same 
incident. 

(ix) A dissenting member or members of 
the Committee may file a minority report 
which will become part of the Committee 
records. 

(f) Official Committee Records; 

(i) Official Committee records become the 
confidential property of the NCICS Co- 
ordinator's otfice. 

(ii) Records are to be made a\'ailable to the 
respondent, the complainant, the NCICS 
Coordinator, and Committee members 
during the period the matter is under 
consideration by the Committee. 

(iii) Following the decisions, records shall 
be maintained at the Division offices and 
may be reviewed only upon written re- 
quest to the NCICS Coordinator and with 
the approval of a majority of the Com- 
mittee. The records shall be kept for a 
period of five years following the Com- 
mittee decision or as long as the discipli- 
nary measure is in force, whichever shall 
be the longer, and then be destroyed. 

(iv) /\ permanent log shall be maintained 
listing names of parties involved, date of 
incident, and Ct)mmittee action only. 

(g) Fhe Committee must take at least one of 
the following actions on any complaint: 

(i) Suspended action, no discipline. Rea- 
sons must be stated in writing. 

(ii) I ctter of censure. 

(iii) Request for restitution, with specifica- 
tion of action to be taken if restitution is 
not forthcoming in the time penod al- 
lowed. 

(iv) Suspension of the NCICS classification 
with notification forwarded to all recipi- 
ents of the interpreter directon,'. 

(v) Revocation of the NCICS classification 
with notification forwarded to ;ill recipi- 
ents of the interpreter directory. Appli- 
cation for classification may be made after 
the revocation tenn has expired as stated 
by the grievance committee's disciplinary 
decision. 

(vi) Require the respondent to satislactorily 
complete a course iif training as desig- 
nated, for the purpose of re-education. 
After the training has been completed, a 
follow-up interview may be conducted 
with the respondent to ascertain tuture 
intentions regarding similar incidents. 

(vii) A recommendation for periodic review 
bv the NClCrS Coordinator of the re- 



5:17 NORTH CAROLIIWA REGISTER December I 1990 



nro 



PROPOSED RULES 



spondcnt s work to be certain that gne\ed 
bcha\ior is not repeated. 

(\'iii) In cases where the respondent does 
not hold a current NCICS classification, 
the Committee may seek to hold a con- 
ference with the parties invohxd. to in- 
form the respondent in a formal manner 
of the ramifications of their actions and to 
ad\ise the complainant of appropriate 
action, 
(hi Grounds for Appeal: 

Notice of Appeal may be tiled by the 
complainant or respondent and shall be 
filed in writing with the NCICS Coordi- 
nator within 30 calendar days of notifica- 
tion of the Committee decision. 

(i) Procedural error by the Committee. 

(ii) New e\'idence later a\-ailable. but not 
discovered during the Committee's inves- 
tigation. In cases where new evidence has 
been discovered after the Committee has 
rendered it's decision, appeal may be 
made to reopen the case within one year 
of the decision. 

(iii) Committee disciplinary' measures or 
actions unwarranted by cidence pre- 
sented. 
(i) Appeal Committee: 

In the case of an appeal of the original 
Committee decision a new committee 
shall be selected following the guidelines 
already established in Subparagraph (2i 
of this Rule, 
(j) Appeal Procedure: 

(i) Committee Meetings: 

(A) The Committee shall meet as needed 
in accordance with appeals filed and at 
the request of the NCICS Coordinator. 

(B) Two weeks notice of each meeting 
shall be gi\"en to all persons who may 
be aJfected by the deliberations at that 
meeting and each meeting shall be held 
at a time and place reasonably conven- 
ient for all those who ha\'e been notified 
to attend. 

( ii I Filing an Appeal: 

(A) .An appeal may be filed with the 
Committee by writing the NCICS Co- 
ordinator within 30 da\s of the origmal 
committee decision. 

( B) An appeal may be tiled by any person 
utilizing interpreting services, or ha\ing 
a direct or professional interest in the 
occurrence specified in the original 
complaint. 

(C) The appeal must be presented to the 
Committee in writing. If necessary, an 
appeal ma\- be presented orally or 



manually, in which case such statement 
shall be videotaped. 
(D) The appeal must specify the alleged 
grounds for appeal, 
(iiil Initial Action of the Appeal: 

After an appeal has been received and re- 
corded, the Committee shall decide 
whether the appeal warrants Ln\ estigation. 
(.A) If the Committee decides not to in- 
vestigate, it must specify the reason or 
reasons for this decision in writing to 
the appellant with interpretation trans- 
literation by a representative of the 
Committee if necessary. 
(B) If a majority of the Committee de- 
cides that an m\'estigation is warranted, 
facts and circumstances constituting the 
appeal shall be con\eyed in writing, via 
registered mad. return receipt requested, 
to the appellant with a copy furnished 
to the other party in\"ohed. 
complainant or respondent, and the 
Committee records. Interpretation 
transliteration shall be provided by a 
representative of the Committee if nec- 
essary'. 
(Ci The written charges shall specify the 
act or acts that precipitated the com- 
plaint, the grounds for appeal, the time 
and place of the incident. These 
charges shall be accompanied by notice 
of time and place of the meeting at 
which evidence or testimony must be 
presented. 

(D) The complamant may in\ite a rep- 
resentative to assist them during the 
proceedings. 

(E) The respondent may invite a repre- 
sentative to assist them during the pro- 
ceedings. 

(F) Any representatives so in\"ited may 
participate in all proceedings. 

(G) In addition to written evidence and 
a representative, each party shall be en- 
titled to in\'ite witnesses to give testi- 
mony. 

(I I) No charges may be brought against 
a respondent who is already involved 
as a plamtiif or defendant m a legal 
proceedmg in\"ol\mg the same incident 
or complaint. If such involvement oc- 
curs after the charges have been brought 
by the Committee, all action shall be 
suspended during the course of the legal 
proceeding and all time limits set by 
these guidelines shall be adjusted ac- 
cordinalv. 



///■/ 



5: 1 - \OR TH CA R OLI.XA REGIS TER December 3, 1 990 



PROPOSED RULES 



(I) Committee proceedings may be 
stopped at any time if the complainant 
informs the Committee in writing of 
their intent to drop charges. 
(iv) Considering the Evidence: 

(A) A quorum of the Committee shall 
consist of four members. A quorum 
shaU be present when evidence is pre- 
sented. The Committee may also ac- 
cept written e\idence without a 
quorum. 

(B) All written evidence or facsimiles 
thereof presented to the Committee 
shall be made part of the Committee's 
record. 

(C) The Committee shall appoint a clerk 
as recorder for all official proceedings. 

I his shall include verbal and signed 
testimony and shall become part of the 
Committee's records. The testimony 
may be presented orally or manually, in 
which case such statement shall be \ id- 
cotaped. 

(D) Committee members shall maintain 
impartiality through evcr\' stage of the 
proceedings. 

(E) The Committee shall consider only 
evidence which it detennines to be reli- 
able and relevant to the proceedings. 

(F) Care shall be taken to ensure 
confidentiality regarding the proceeding 
to prevent future accusations of 
defamation or slander. 

(v) Reaching a Decision: 

(/\) Onh those Committee members 
present for the oral manual presenta- 
tion of evidence and having access to 
the written evidence shall be entitled to 
vote. 
(R) .All voting shall be done by secret 
ballot and the decision conveyed to the 
principals in accordance with these 
guidelines. 

(C) There shall be no proxy voting. 

(D) No Committee member may sit in 
judgement on a case in which they hav c 
a conflict of interest. They shall with- 
draw from the case before the Com- 
mittee brings its formal charges. Either 
party mav challenge the right of any 
Committee member to serve. If the 
Committee member in question refuses 
to withdraw, the dispute shall be settled 
by a majonty vote of the remaining 
members of the Committee. 

(E) Finding against the respondent shall 
require an affirmative vote of a majoritv 
of the Committee members present and 



voting. Less than a majority shall result 
in a dismissal of the charges. The 
Committee shall reach all decisions on 
a case within ten days of the completion 
of the presentation of aJJ evidence. 

(F) The Committee's decision on the 
charges it has brought shall be written 
and shall identify in detail the charges 
and the evidence used in reaching the 
decision. One copy shall be kept for 
the Committee's records, one copy shall 
be supplied to the complainant, and 
one copy shall be supplied to the re- 
spondent. If copies are mailed, they are 
to be sent via registered mail, return re- 
ceipt requested. 

(G) If the Committee decided against the 
respondent, it shall immediately deter- 
mine, in accordance with Committee 
guidelines, what form of discipline shaU 
be administered. A majority vote of the 
Committee members hearing the case 
shall be required in this decision. 

(H) No respondent whose case has been 
dismissed may be charged again with 
the same offense in connection v\ith the 
same incident. 

(I) A dissenting member or members of 
the Committee may fde a minority re- 
port which will become part of the 
Committee records. 

(J) A decision of this Committee shall 
be the final agency decision. 
(\i) Official Committee Records: 

(A) Olficial Committee records become 
the confidential property of the NCICS 
Coordinator's office. 

(B) Records are to be made available to 
the respondent, the complainant, the 
NCICS Coordinator, and Committee 
members during the period the matter 
is under consideration by the Commit- 
tee. 

(C) Following the decisions, records shall 
be maintained at the Division offices 
and may be reviewed only upon written 
request to the NCICS Coordinator and 
with the approval of a majority of the 
Committee. The records shall be kept 
for a period of five years following the 
Committee decision or as long as the 
disciplinarv' measure is in force, which- 
ever shall be the longer, and then be 
destroyed. 

(D) .A permanent log shall be maintained 
listing names of parties involved, date 
of mcident, and Committee action only. 



5:17 NORTH CAROLINA REGISTER December 5, 1990 



1072 



PROPOSED RULES 



(\ii) Ihc Committee must take at least one 
of tlic tollou'iiiii actions on any complaint: 

(A) Suspended action, no discipline. 
Reasons must he stated in writing. 

(B) Letter of censure. 

(C) Request for restitution, with specifi- 
cation of action to be taken if~ 
restitution is not forthcoming in the 
time period allowed. 

(D) Suspension of the NCICS classifica- 
tion with notification fonvarded to all 
recipients of the interpreter directors". 

([:) Re\ocation of the NCICS classifica- 
tion with notification forvvarded to all 
recipients of the interpreter director.'. 
.Application for classification may be 
made after the revocation term has ex- 
pired as stated by the grie\'ance com- 
mittee's disciplinar.' decision. 

(F) Require the respondent to satisfac- 
torily complete a course of training as 
designated, for the puipose of re- 
education. After the training has been 
completed, a follow-up interview may 
be conducted with the respondent to 
ascertain future intentions regarding 
similar incidents. 

(G) .A recommendation for periodic re- 
view by the NCICS Coordinator of the 
respondent's work to be certain that 
grieved bcha\"ior is not repeated. 

(II) In cases where the respondent does 
not hold a current NCICS classifica- 
tion, the Committee may seek to hold 
a conference with the parties in\oI\"ed. 
to intbrm the respondent in a formal 
manner of the ramifications of their 
actions and to adsise the complainant 
of appropriate action. 
[x'm] Grounds for .Appeal: 

.Appeals shall he filed in accordance with 

the pro\isions of .Article 3 of Chapter 

L'iOB of the General Statutes. 



Staiuion' Authoritr 



G.S. SB-li3>; SB-6; 



.0509 MAIM KN.VNCK OF CI. ASSIFICA IIONS 

.-Ml classiJicalions shall be \ahd for two years 
and all except that of Trainee ma\ he renewed 
pro\"ided the candidate presents e\"idence of skill 
maintenance. Skill maintenance shall be deter- 
mined based upon the awardmg of points as fol- 
lows: 
(1) .A total of 40 points shall be required for 
renewal of classification. .A minimum often 
of these points shall be earned from docu- 
mented interpreter experience. 



(a) one point for each ten hours of interpret- 
ing experience. 

(b) one point for each one hour of training 
approved by the Division which is ori- 
ented toward enhancement of interpreting 
practice, values and knowledge. Training 
shall be recognized by the Di\"ision as: 

(i) continuing education courses, 
(ii) \\orkshops, 
(iii) seminars, 
(i\) conferences. 
(v| L'ctures. 

(\'i) post secondary" courses, 
(vii) interpreter evaluation team partic- 
ipation. 
(2) Forms for documentation of classification 
maintenance shall be made a\ailable at any 
otTice of the Division. 



Stanaon Aiahoriiv G.S. ■^B-liJ/: 
1438-216.33. 



SB-6: 



.0510 RFCII'KOCIIV 

Classification shall he granted without direct 
evaluation of skills by the following methods: 

( 1) Indi\iduals who hold a certification from a 
certifying body of another state may apply 
for a temporars" classification under the 
N.C.I.C.S. The State Coordinator shall de- 
tennine the le\el of reciprocit>" for each ap- 
plicant on a case-hy-case basis. The State 
Coordinator shall determine as accurately as 
possible the equi%alency of the North 
Carolina interpreter classification to that 
which the applicant holds and shall award 
reciprocity one class lower than the equiv- 
alency. Reciprocity shall be awarded for a 
maximum period of two years. 

(2) Indi\iduals holding national certification 
from The National Registrs of Interpreters 
for the Deaf shall he recognized under the 
N.C.I.C.S. system under a special classifica- 
tion set aside which shall he named ""R.I.D. 
Certification" and shall be expected to meet 
the maintenance requirements in Rule .0509 
of this Section in order to continue their 
classification. 

Siatuion- Aiahoriiv G.S. SB-Ji3i; SB-6; 
/43B-:i6.33. 

.0511 CHANGE OF N.VME OR ADDRESS OF 
n ASSM ICAIION HOLDERS 

The procedure for name or address changes 
shall be: 
(1) .A classification holder shall notify the State 
Coordinator of changes in name or residen- 



l(r3 



5: 1 " yOR TH C AROLINA REGIS TER December 3, 1 990 



PROPOSED RULES 



tial address within 90 calendar days of such 
change. 

(2) Notification of address changes shall be 
mailed to the Division of Scr\ices for the 
Deaf and the Hard of Hearing, 695-A 
Palmer Dnve, Raleigh, X.C. 27603 and shaU 
include a complete mailing address including 
zip code and telephone number. 

(3) Notification of name changes shall be 
mailed to the Division office and shall in- 
clude a notarized copy of a marriage certif- 
icate or court decree evidencing such change. 

Statutory Authority G.S. SB-/ (3); 8B-6; 
I43B-2I6.33. 

- Tn IK I5A - DFPARTMENT OF 
ENMRONMENT, HEALTH, AND 
N.4TLRAL RESOURCES 



No 



otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the North Carolina Wildlife Re- 
sources Commission intends to amend rules cited 
as /5A .\CAC /OB .0/09, .01/4, .02/5. 



Ti 



/, 



he proposed effective date of this action is July 
/99/. 



Th 



he public hearing will be conducted at /O.OO 
a.m. on Januaiy / 5, /')9/ at the Archdale Build- 
ing. Room 386, 5/2 North Salisbwy Street, 
Raleigh, NC 27604-/ 188. 



Co 



omment Procedures: Interested persons mav 
present their views either "rally or in writing at the 
hearing. In addition, the record of /tearing will 
be open for receipt of written comments from 
January /, /99/ to January' 30, /99/. Such writ- 
ten comments must be delivered or mailed to tlie 
,\'.C. Wildlife Resources Commission, 5/2 N. 
Salisbwy Street, Raleigh. SC 27604-/ / 88. 

CIIAI'TIR 10 
WIIDMKK KKSOl KCKS .AND NVVIKK SAFETY 

SI BCM Al'IFR lOB - 111 NTINC, AND 
IK.M'l'INC; 

SKCriON .0100 - CKNKRAI. KK(U 1 AI IONS 

.0109 CMASING DtKK BY DOGS IN CKKI.VIN 
COLNTIES 

h is unlawful to allow dogs to run or chase deer 
or to attempt to take deer w ith dogs at any time 
in Alamance County south of 1-85; Orange 
County south of 1-85; Chatham County; Lee 
County; Wake County south of NC 98; and in 



and west of Rockingham, Guilford, Randolph 
and Montgomery Counties and that part of 
/Vnson County west of NC 742. 
Note: See 15A NCAC lOD .0003 which prohib- 
its any hunting with dogs on game lands during 
the season for hunting deer with guns in and west 
of these counties. 

Statutory Authority G.S. //3-/34: //3-29/.5. 

.01 14 DOG TRAINING AND I IFLD TRIALS 

(a) Except as provided in Paragraphs (b) and 
(c) of this Rule, each person engaged in training 
or running a dog or dogs and each active partic- 
ipant in a field trial must have obtained a North 
Carolina hunting license. The term "active par- 
ticipant" as used herein includes each person who 
owns or handles dogs, canies a firearm, or is a 
member of an organized group engaged in the 
conduct of a field trial, but does not include a 
person who is obser\ing a field trial incidentally 
or who has stopped to witness a part of it. 

(d) Except as allowed by regulations pertaining 
to authorized field trials, it is unlawful to carr\' 
firearms, axes, saws or climbing irons while 
training or running dogs during closed season. 



Authority G.S. //.: 
1 1 3-29 ft: 1/3-29/. 5: 



-134: //3-273: // 3-276; 
50 C.F.R. 21. /3. 



SECTION .0200 - IILN I IN(; 

.0215 CROWS 

(a) Open Seasons: Thursday, Friday and Sat- 
urday of each week from July 1 to the last day 
of February' and Ihursdax . Irida\ and Saturday 
of each week from June 1 to June 30, and on 
Labor Da> and Christmas Day. 

Note: Federal law protects crows and limits state 
seasons to a maximum of 124 days per year. 

(b) Bag Limits: No restriction. 



.luthority G.S. 
20./ 33. 



//3-/34; //3-29/.2; 50 C.F.R. 



'kii-k'k-k-k-kic'k'k-k-k-k-k-k-k-k'k 



No 



'otice is hereby given in accordance with G.S. 
150B-/2 that the North Carolina Wildlife Re- 
sources Commission intends to amend nde(s) 
cited as /5A NCAC /OB .0202 - .0203. .0209; IOC 
.0205, .0304 - .0305: /OD .0002 - .0004; /OE 
.0004. 



Th 



he proposed effective 
/. 199/. 



date of this action is Jidy 



5:17 NORTH CAROLINA REGISTER December 3, 1990 



1074 



PROPOSED RULES 



p.m. on 



1 he public hearing will he conducted at 7:00 

.Urnuan 28. 1991 

District 7 

Elkin 

High School 

rehniaty 4. 1991 

Di.Urict I 

Edenton 

Swain .-luditoriuni 



February X 1221 

District 2 

\ew Bern 

Courthouse 



Fcbruan- 6. 1991 

District 3 

Xashville 

Courthouse 



February 7^ 1221 

District 4 

Eliiabethtown 

Courthouse 



February n^ 1221 

District 3 

Graham 

Courthouse 



February 12. 1 90 1 

District V 

Morgatuon 

Morganton Civic Center .Auditoriu/u 

Felmian- 13. 1091 

District 9 

Franklin 

Courthouse 

February Fi 1221 

District 6 

.1 Ibemarle 

\orth Stanley High School 

Note: All Public Hearings begin at 7:00 p.m. 

C onmient Procedures: Fuerested persons /nay 
prescfU their views either orally or in writing at the 
hearing or by mailing to A.C. Wildlife Resources 
Commission, 512 A. Salisbwy Street, Raleigh, 
\C 27604-/ ISS. Fhe record of hearing is open 
from 13 days preceding the date of hearing to 15 
days after the dale of hearing. 



CM API FR 10 - WII Dl.lfK RKSOLRCKS AND 
W A IKR SAI K lA 

SLBCMAPrER lOB - IILNTING AND 
TRAPPING 

SECTION .0200 - III NTING 

.0202 BEAR 

(a) Open Seasons 



(1) 



(2) 



Monday on or nearest October 15 to the 
Saturday before I hanksgi\ing and the 
third Monday after 1 hanksgivmg to Jan- 
uan.' 1 in and west of the boundary 
formed by NC 16 from the Virginia State 
line to W'iLkesboro and NC 18 from 
WiLkcsboro to the South Carolina State 
line. 

Second .Monday in November to the fol- 
louing Saturday in Beaufort, Camden, 
Craven, Dare. Gates, Hvde, Jones, 
Pamlico, Pasquotank, TNrreU, and 
Washington Counties; and in that part of 
Bertie County southeast of US 17, and 
that part of Chowan County north of a 
line formed bv Sf^ 11)02, SR 1222 and SR 
1221. 

Second Monday m Nosi. ' mbt ' r k* tl+e M- 
lov i inu \\'i. ' dni. ' vdii> H* CiuIl" . . 11; . do rt«4 
Tynv ' U CountiL ' M. 

(3) f-H Second .Monda\ in November to Janu- 

ary 1 in Bladen, Carteret, Duplm, New 
Hano\er, Onslow and Pender Counties; 
in that pait of Cumberland County south 
of NC 24 and east of the Cape I'ear River; 
and in that part of Sampson countv south 
of NC 24. 

(4) (4} Second Monda\' in December to Janu- 

arv' 1 in Brunswick and Columbus Coun- 
ties. 



(^ 



Statutory .-luthority G.S. 
113-29F7: 113-305. 



113-134; 1 1 3-29 F: 



.0203 DEER (WHITE-TAILED) 

(a) Closed Season. All counties and parts of 
counties not listed under the open seasons below 
in this Rule are closed to "deer hunting. 

(b) Open Seasons (.A.11 Lawful Weapons) 

(1) .Male Deer With Visible .Antlers. .Male 
deer with antlers or spikes protruding 
through the skin, as distinguished from 
knobs or buttons covered by skin or \el- 
\et, may be taken during the following 
seasons: 
(Al .Monday on or nearest October 15 to 
January' 1 in the following counties and 
parts of counties: 



urs 



5:17 .\ORTlI CAROLINA REGISTER December 3, 1990 



PROPOSED RULES 



Beaufort 


Lenoir 


Bertie 


Martin 


Bladen 


Nash 


Brunswick 


New Hanover 


Camden 


Northampton 


Carteret 


Onslow 


Chowan 


Pamlico 


Columbus* 


Pasquotank 


Craven 


Pender 


Currituck 


Perquimans 


Dare 


Pitt 


Duplin 


Richmond** 


Edgecombe 


Robeson 


Franklin 


Scotland** 


Gates 


TyrreO 


Greene 


Vance 


Halifax 


Warren 


Hertford 


Washington 


Hoke 


Wayne 


Hvde 


Wilson 


Jones 





Cumberland: That part south of NC 24. 
Harnett: That part west of NC 87. 
Johnston: All of the county except that 

part south of US 70 and west of 1-95. 
-Moore**: /Ml of the county except that 

part north of NC 21 1 and west of US 

1. 
Sampson: All of the county except that 

part west of NC 242 and north of US 

13. 
Wake: That part north of X€- 54 wt»^ ef 

RakMi^h aft4 tS ;za ea^ »f Ruljigh. 

1-41). 

* Unlawful to hunt or kill deer in Lake 
Waccamaw or within 50 yards of its 
shoreline. 
**Sce 15A NCAC lOD .0003(d)(2) for 
seasons on Sandhills Game l^nd. 
(B) Monday of Thanksgiving week to sec- 
ond Saturday after Thanksgi\ing Day in 
the following counties and parts of coun- 
ties: 



Alexander 


Iredell 


.AJlesihany 


Lincoln 


Ashe 


Stokes 


Catawba 


Surry 


Davie 


Watausa 


Fors\1h 


Wilkes 


Gaston 


\'adkin 


Dii'tiu 





River, aft4 north ef N€ 44 aft4 SR- 

200 ' ], Qxoopt Cowan'c i Ford Waterfowl 

Refug e . 

(C) Monday of Thanksgiving week to third 

Saturday after Thanksgiving Day in the 

following counties and parts of counties; 



Avery 

Buncombe 

Burke 

Caldwell 

Cherokee 

Clay 

Cleveland 

Graham 

Hay"wood 

Henderson 



Jackson 

Macon 

Madison 

McDowell 

Mitchell 

Polk 

Rutherford 

Swain 

Transylvania 

Yancey 



(D) Monday before Thanksgiving week to 
January 1 in the following counties and 
parts of counties: 



Alamance 

Anson 

Cabarrus 

Caswell 

Chatham 

Davidson 

Durham 

GranviOe 

Guilford 



Lee 

Montgomery 

Orange 

Person 

Randolph 

Rockingham 

Rowan 

Stanly 

Union 



Cabarrufi: That f>a<4 east ef I S5. 
Cumberland: That part north of NC 24. 
Harnett: That part east of NC 87. 
Johnston: That part south of US 70 and 

west of L95. 
Mecklenburg: That part north of US 74, 

except the Cowan's Ford Waterfowl 

Refusje. 



Moore: That part north of NC 211 and 

west of US 1. 
Sampson: 44t^ That part west of NC 242 

and north of US 13. 
Wake: That part south of r^ ^ ¥.*^ ^ 

Raleiuh aH4 tr^; W east- »f Raleinh. 

1-40. 



(2) 



south Bf >rG ^ east- ef tht^ Cata' . vba 



Deer of Either Sex. Deer of cither sex 
may be taken during the open seasons and 
in the counties and portions of counties 
listed below: 
(F) Wednesday of the week following 
Thanksgiving in aU of Catawba, 
Cleveland, Fors\1h, Groeno, Mitchell, and 
Rutherford aft4 Wilson Counties; and m 
the following parts of Counties: 
Alleghany: /Vll of the county except game 
lands. 



5:17 NORTH CAROLINA REGISTER December 3, 1990 



1076 



PROPOSED RULES 



Ashe: All of the county except game 

lands. 
A\er\': That part south of the Blue Ridge 

I'arkway. except game lands. 
Burke: .All of the county except game 

lands. 
Caldwell: .AU of the county except game 

lands. 
Cumberland: That part south of SR 

1709. west of SR 1802. west of US 301 

and east of the Cape Fear River. 
Davidson: That part north of I-S5, except 

game lands. 
-lohn^ton: That f*art north e4~ t-S' ^ *fi4 

.McDowell: All of the county except 
game lands. 

Mecklenburg: That part west of 1-77, 
south of NC 73. east of the Catawba 
River, and north of NC 16 and SR 2004 
except for the Cowan's Ford Waterfowl 
Refuge. 

Naf . h: T4»t- pert -. outh e4-" -l-S- 64t 

Rowan: That part west of L S 52, except 
game lands. 

\\"ako: That p>art f . outh 6»f jv^ J4 woct oi 
Raloidt aft4 f . outh e4-" t^ VX ea^t- »i 
RakMgli. 

\\'ashington: That part east of NC 32 and 
south of US 64. 

\\"a\no: That frtpt- north el^ -fc^ -Oh 
(G) Wednesday and Thursday of the week 

foUowing ThanksgivLng in all of Camdjn, 

Dare, IredeU and Surr\' Counties and in 

the following parts of counties: 

Alexander: All of the county except game 
lands. 

Cabarrus: That part west of US 52 and 
south of a line formed bv NC 40 from 
the Mccklenbunz Count\ line to Mount 
Pleasant and east of SR^ bluf' from 
Mount Pleasant to [he Rowan Coimtv 
line. 

Davie: .Ail of the county except game 
lands. 

Moore; That part north of NC 211. ex- 
cept game lands. 

Scotland: That part north of US 74, ex- 
cept game lands. 

Stokes: rVll of the county except game 
lands. 

Tvrrell: 

Wilkes: 
lands. 
(11) Wednesday to Saturday of the week 

following Thanksgiving in all of 

.Alamance, Camden, Caswell, Chatham, 

Durham, 1 runklin, Granville, Greene. 



That part south of US 64. 
.All of the county except game 



Lee, Orange, Pasquotank, Person, 
Rockingham aft4 ^'anco Wake, and 
Wilson Counties and in the following 
parts of counties: 
Columbus: That part west of a hne 

formed bv US 74, SR 1005, and SR 

1125. 
Cumberland: That part east of 1-95 and 

south of NC 24. 
Currituck: AH Bi A# county e xc e pt the 

Qutor Bonks. That part north and west 

of the Intracoastal Waterwa\". 



Fdgecombe: That f>*H4- f . outh e4~ -t-^ ^»4t 
Franklin: That part west of US 401. 
Guilford: That part north of a boundar\' 

formed by 1-40 and 1-85. 
Johnston: That part north of US 70 and 

west of 1-95. 



FenoLT: That part v . -oft t4~ X€^ 44t 
.Moore: That part south of NC 211, ex- 
cept game lands. 
Nash: That part north south of US 64. 
Perquimans: That part south of US 17 

and east of Perquimans Ri\'er. 
Randolph: That part south of US 64 and 
west of US 220, except on game lands. 
Richmond: That part east of Littlo Riser, 
except gam e lands, a line formed bv 
US 220 from the MontizomerA^ County 
line to RockiuLLham and L S J_ from 
Rockinizham to the South Carolina 
line, except on ijame lands. 
Robeson: That part east of F95. 
Stanly: AH- t+f th^ county except fferf- part- 
eart 1=4" t4> ^ a«4 north &f XG 2 1 2'^. 
That part west of US 52. 
Wake: That part north ©4' XG >4 v . eC ' t i^' 
Raleijh aft4 north ef U^ ?0 ea^ ef 
Raleidi. 
Wayne: That part south north of US 70. 
(I) Wednesday of the week following 
Thanksgi\'ing to Saturday of next suc- 
ceeding week in all of Hyde, and W'arren 
\\ance Counties and in the following parts 
of counties: 

.Anson: .All of the county except game 
lands. 

That part east of US 52. 

:A11 of the count) except game 



Cabarrus: 
Carteret: 
lands. 
Chowan: 
Currituck: 



That part north of US 17. 
That part south and cast of 
the Intracoastal Watcnvaw except the 
Outer Banks. 



Dasidson: khat part south of F85, except 

on game lands, 
Fdgecombe: That part south of US 64. 
l-ranklm: That part east of US 4iJl. 



w 



5:r NORTH CAROLINA REGISTER December 3, 1990 



PROPOSED RULES 



Johnston: That part south of US 70 and 

east of 1-95. 
Lenoir: That part west of NC 1 1 . 
Montgomery': /Vll of the county except 

on game lands. 
Nash: That part north of US 64. 
Pamlico: A4i »f th« county ojicopt ©» 

gamo lando. 
Richmond: That part west of Littlo 

R.ivor. a line formed by US 220 from 

the Montgomery County line to 

1 from 



Rockingham 
Rockinaham 



and 
to the 



US 
South 



Carolina 



line. 
Rowan: That part east of US 52, except 

on game lands. 
Stanly: That part east of >^ US 52, afi4 

north ©f -^rG 21 27 except game lands. 
Washington: That part west of NC 32 

and south of US 64. 
Wayne: That part south of US 70. 
(J) .Monday of Thanksgiying week to the 
third Saturday after Thanksgiving Day in 
that part of Buncombe County east of 
NC 191, south of the French Broad and 
Swannanoa Rivers, west of US 25, and 
north of SR 3503, NC 280 and SR 3501. 
(K) Wednesday of the week following 
Thanksgiving to January 1 in all of 
Brunswick, Hertford, Gates, 

Northampton, aft4 Pitt, and Warren 
Counties, and in the foUowmg parts of 
counties: 
Beaufort: /VU of the county except game 

lands. 
Bertie: All the county except Roanoke 

River Wetlands. 
Bladen: All of the county except game 

lands. 
Chowan: That part south of US 17. 
Columbus: That part east of a line 

formed by US 74, SR 1005, and SR 

1125. 
Craven: All of the county except game 

lands. 
Duplin: /Ml of the county except game 

lands. 
Edgecombe: That part north of US 64. 
Halifax: All of the county except 

Roanoke River Wetlands. 
Jones: All of the county except game 

lands. 
Lenoir: That part east of NC 1 1. 
Martin: AH of the county except 

Roanoke River Wetlands. 
New 1 lanover: That part north of US 74. 
Onslow: All of the county except game 

lands. 



Pamlico: All of the county except on 
game lands. 

Pender: AW of the county except game 
lands. 

Perquimans: All of the county except 
that part that hes both south of US 17 
and east of the Perquimans River. 

Sampson: That part south of NC 24. 
(d) Open Seasons (Muzzle-Loading Rifles and 
Shotguns) 

(2) Restrictions 

(A) Only male deer with visible antlers may 

be taken during the muzzle-loading 

firearms seasons except that: 

(i) On the last day of the established 
muzzle-loading hrearms season a maxi- 
mum of two antlerless deer may be 
substituted for an equal number of 
antlered deer when taken in that part 
of any county listed below that has an 
established gun either-sex deer season. 

Alexander Fors>'th 

Alleghany Iredell 

Ashe Mecklenburg 

Avery McDowell 

Burke Mitchell 

CaldweU Ruthertbrd 

Catawba Stokes 

Cleveland Suny 

Davie Wilkes 

Statutory Authoritv G.S. 113-134; 113-270.3; 
1 13-276.1: 113-291'. I; 1 13-291.2. 

.0209 WILD TURKEY (BEARDED TURKEYS 
ONLY) 

(a) Open Season: Second Saturday in April to 
Saturday of the fourth week thereafter on 
bearded turkeys in the following counties: 
Alleghany, Ashe, Bortio, Buncombe, Caswell, 
Cherokee, Clay, Durham, Graham, Granville, 
Ha>^vood, Henderson, Hyde, Macon, 
McDowell, -\htchcll. Orange, Person, Polk, 
Rockingham, Scotland, and in the following 
portions of counties: 

iVlamance; All of the county except that part 

south of L85 and west of NC 87. 
/Vnson: That part east of US 52 and north of 

US 74. 
Bertie: J'hat part west of a line formed bv NC 
45 from the Hertford County line to 
Colcram. NC 42 to PowellsviUe. US B t_o 
Windsor, and NC 308 to the Washimzton 
County Ime. 
Bladen: I hat part south of NC 701 and east 
of a Une fomied by NC 210, NC 53, SR 
1730. 
Brunswick: That part north of US 74-76. 



5:17 NORTH CAROLINA REGISTER December 3, 1990 



107S 



PROPOSED RULES 



Burke: That part north of 1-40. 

Caldwell: Ihat part west of US 321. 

Carteret: That part west of US 70 and north 
of NC 24. 

Chatham: That part north i+ft4 we*4- »f 4-S 4t 
of US 64, 

Chowan: That part south of US 17. 

Columbus: That part south of US 74 and v\est 
of NC 410 and that part north of NC 87. 

Cra\en: That part west of US 70, and south 
of SR 1 ini and that jwt north of the 
Neuse River, south of a line formed by 
US 17 and US \1_ Business, and east of a 
line fonned by SR 1440 and SR 1441. 

(iuilford: That pftrt north b4 a boundiiry 
fomiL ' Ll l*y 4-5CS ttft4 \-V^ 

1 lalifax: That part north of NC 903 and east 

of uqs. 

IlL ' nJL>r ;i on: That f»art vh^^ »f I 26. 

lloke: That part south and west of NC 211. 

.laekson: That part south of IS 74 except the 

portion bounded on the north by NC 281, 

on the west bv NC 107. and on the south 

by US 64. 
.lohnston: That part south of US 70 and U95 

and east of US 701. 
Madison: \\\ of the countv except that part 

ftertfe Bi Xi^ ^mn X4; il4 afi4 S4^ 4404. 

east of NC 2J_2 and SR 1434. north of SR 

1318. l"S 23 and SR 1503. 
Martin: That part north of a boundary formed 

by US 64 from the Washington County 

line to W'illiamston. north of NC 125 

from W'illiamston to the junction with 

NC 142, and north of NC 142 to the 

Edgecombe County line. 
Montgomery: That part south of NC 24-27. 
Northampton: That part south of a boundary 

formed by I'S 158 from the Halifax 

County line to Jackson. NC 305 from 

Jackson to Rich Square, IS 258 from 

Rich Square to NC 308, and NC 308 to 

the Bertie County line. 
Onslow: All of the countv except that part 

east of a Ime formed b'v US 17, SR 1434 

and SR 1442. 
Pender: That part west of US 421. 
Perquimans: That part south of US 17. 
Richmond: That part north of US 74. 
Robeson: Ihat part east of 1-95 and south of 

US 74. 
Surry^ That part west of 1-77. 
Swam: All of the county except that part 

south of US 19 and west of NC 28. 
TransN'hania: .All of the county except that 

part west of US 178, and south of US 64. 
Watauga: That part north and east of US 321. 
WilkesT That part north of NC 268. 



Yancey: A4i &f \h^ county oxcopt that part 
bound e d »» tl» vror . t t»¥ -N^^ 4-'W7 ©» Ae> 
north h^ t-^ 19Ii, aft4 e» Ae ec»t- hf ^^G 
SOt That part north of US 19E and east 
and north of US 19W. 
**The Sandlulls Game Uand in Richmond, 
Scotland, and Moore Counties and the Roanoke 
River Wetlands in Bertie, Halifax, and Martin 
Counties are closed to turkey hunting except by 
holders of special permits authorizing turkey 
hunting. Such permits are issued by authorized 
representatives of the Wildhfc Resources Com- 
mission. 

(b) Bag Limits: Daily, one; possession, two; 
season, two. 

(c) Dogs Prohibited. It is unlawful to use dogs 
for hunting turkeys. 

(d) Kill Reports. The carcass of each wild 
turkey shall be tagged and the kill reported as 
provided by 15A NCAC lOB .0113. 

Statutory Auihoritv G.S. 113-134: 113-270.3: 
113-276.1; 1 13-291.2. 

SLBCH.VPTKR IOC - INL.VM) FISHING 
REGULATIONS 

SFXTION .0200 - GENER.\L REGLL.\TIONS 

.0205 PUBLIC MOLNTAIN TROLT WATERS 

(a) Designation of Public Mountain Trout 
Waters. On game lands located in western North 
Carolina certain waters are classified and desig- 
nated as pubhc mountain trout waters. Those 
not further specifically classified as nativ e trout 
hatchen^ supported waters are classified as gon 
«^ wild trout waters. (See 15A NCAC lOD 
.0004) Other streams, portions of streams, and 
bodies of water which are not located on game 
lands are designated within this Rule as public 
mountain trout waters and are classified as gcjii 
efai hatchery supported waters or nativ e wild 
trout waters. These waters are posted and lists 
thereof are filed with the clerks of superior court 
of the counties in which they are located: 

f44 GL ' neral Trout Water: . . 44»e general public 
mountain trout v i aterii ' ■ ' ■ hich are fte4- le- 
catod B¥t gainj Ian do afe dooignatod m Ais 
Subparagraph under At* counties whoro 
located. Indentation indicat e' : . t4^ 

watorcouroo named kr tributary te Ae next 
preceding watercouroe named afi4 ftet- ji©' 
indented. 44w designation applioo te A^ 
entir e ' i satorcouroe e* impoundment 
named e xc e pt a* othen' . ioe indicated m 
parenthes e s following Ae nam e . Other 
clarifying information may ake t>e Wr- 
cluded parenthetically: 



1079 



5:17 NORTH CAROLINA REGISTER December 3, 1990 



PROPOSED RULES 



{ 1) IIatchcr\- Supported Trout Waters. The 
hatcher\ supported puhlic mountain trout 
uaters are designated in this Subparagraph 
under the counties where located. Inden- 
tation indicates the watercourse named is 
tnhutapy- to the next preceding 
watercourse named and not so indented. 



The designation applies to the entire 
watercourse or impoundment named ex- 
cept as otherwise indicated in parentheses 
following the name. Other clantVing in- 
fonnalion may also be included paren- 
thetically: 
(A) Alleghany County: 

New River (not trout water) 

Little River (WTiitehead to McCaiin 

Dam) 

Crab Creek Southvvij '. t Frong 

Brush Creek (except where posted 
against trespass) 

Little Pine Creek 

Big Pine Creek 

I it tie Glade Creek 

Laurel Branch 

Big Glade Creek 

Bledsoe Creek 

Pine Swamp Creek 

South Lork Little Ri\er (except where 
posted against trespass) 
South Fork New Ri\cr (not trout water) 

Prather Creek 

Cranberry Creek 

Piney Fork 

.Meadow Fork 
"\'adkin River (not trout water) 
Roaring River (not trout water) 
East Prong Roaring River (that portion 

on Stone Mountain State Park) 

Stone Mountain Creek 
(B) 



.Ashe County: 
New River (not trout waters) 

North Fork New Ri\er (Watauga 
lin 



Co. 



(lu'adv . atori' . to Sharp Dam) 
Helton Creek (\'irginia State line to 

New River) 
Big Horse Creek (SR 1361 bndge to 

Fuckerdale) 
Buffalo Creek (headwaters to junction 

of NC 194-88 and SR 1131) 
Big Laurel Creek 
Ihree Top Creek (portion not on game 

lands) 
Hoskins Fork (Watauga County Line to 

North Fork New Ri\er) 
South Fork New Ri\er (not trout wa- 
ters) 
Cranberry- Creek (Allegliany County 

line to New River) 



Nathans Creek 

Peak Creek (headwaters to Trout Lake, 

except Blue Ridge Parkway waters) 
Trout Lake 
Roan Creek 
North Beaver Creek 
South Beaver Creek (headwaters to 

Ashe Lake) 
Pine Swamp Creek (all forks) 
Old Field Creek 
West Prong Old Field Creek 
.MLU Creek (except where posted against 

trespass) 

(C) Avery County: 

Nolichucky River (not trout waters) 
North Toe Ri\'er (houdssutors ( Roaring 

Creek to Mitchell County line, except 

where posted against trespass) 

Jones Creek 

Plumtree Creek 

Roanng Creek 

Squirrel Creek 

Birchfield Creek 

Horse Creek 

Cow Camp Creek 

Kentucky Creek 
Elk River (SR 1306 crossing to Tennessee 

State line) 
Elk River (Heuton to- |1 ees-McRae Col- 
lege boundary line to 1 leaton ( NC I'^M 

bridge)], except where posted against 

trespass) 

Cranberry Creek 
Catawba Ri\er (not trout water) 

Gragg Prong 

Webb Prong 

Boyde Coffey Lake 

.'Vrchie Coffey Lake 
Lin\ille River (Sloop Dam to Blue Ridge 

Parkway boundary line) 

.MiUtimber Creek 
Linville River [Land Harbor line (below 

dam) to Ben Aldridge line, except Bob 

Miller property | 

(D) Buncombe County: 

French Broad River (not trout water) 
Big Ivy Creek (Ivt Ri\'er) (hoadwators 

( Dillingham Creek to US 19-23 bndge) 

Dilhngham Creek (Big Ivv Creek to 
Comer Rock Creek) 

Stons' Creek 

.Mineral Creek 

CuiIlt (Tol ' U 

Comer Rock Creek 
Reems Creek (Woodfin Watershed dam 

to US 19-23 bridge, except where 

posted against trespass) 



5:17 NORTH CAROLINA REGISTER December 3, 1990 



lOSO 



PROPOSED RULES 



Swannanoa Ri\er (SR 2702 bridge near 
Ridgecrcst to Saylcs Bleachcn' in 
.Ashcville except where posted against 
trespass) 

Bent Creek 

I ake Powhatan 



Cane Creek (headwaters to SR 3138 
bridge) 

(E) Burke County: 

Catawba River (not trout water) 

South Fork Catawba River (not trout 

water) 
IIenr>" R.ivor Fork (lower Morganton 

watershed line downstream to SR 1919 

at hy Creek) 
Jacob Fork (Shiny Creek to lower South 

Mountain State Park boundary) 
Johns Ri\er (not trout water) 

Parks Creek (not trout water) 

Carroll Creek (game lands above NC 

Linville Ri\cr (tlrst bridge on SR 1223 
below Lake James powerhouse to 
Muddy Creek) 

(F) Caldwell County: 

\'adkin River (not trout water) 

Buffalo Creek (headwaters to lower 

Dahl property line) 
Rockhouse Creek 

Joe Fork (Watauga County line to falls) 
Catawba River (not trout water) 
Johns Ri\er (not trout water) 

Wilson Creek (Phillips Xm Gm^ 

Branch to Browns \Iountain Beach 

dam except where posted against 

trespass) 
Fstes Mill Creek (not trout water) 
rhorpe Creek (talis to 2lC W bndge) 
Mulberr\ Creek (not trout water) 
Boone Fdrk Pond 

(G) Cherokee Count\': 
Iliwassee River (not trout water) 

Shuler Creek (headwaters to Tennessee 
line, except where posted against 
trespass) 

North Shoal Creek (Crane Creek) 
(headwaters to SR 1325) 

Persimmon Creek 

F)a\ is Creek 

Bea\er I^am Creek (headwaters to SR 

1326 bridse) 
Valley Rner 
Ihatt Creek 
Webb Creek 
Junaluska Creek (bridge at U.S. Forest 

Senice road 440, Section No. 4, to 

Vallc\- Ri\er) 



(H) Clay County: 

Hiwassee River (not trout water) 

Fires Creek (bear sanctuar\' line to SR 

1300) 
Tusquitee Creek (headwaters to lower 
bndge on SR 1300) 
Tuni Crook 
Shooting Creek (headwaters to US 64 
bridge" at SR 1338) 
Hothouse Crook Branch 
Vineyard Creek 
(I) Graham County: 

Little Tennessee River (not trout water) 
Calderwood Lake (Cheoah Dam to 

Tennessee State line) 
Cheoah River (not trout water) 
"^'cllow Creek 
(Bii:) Santeetlah Creek (Johns Branch 

to mouth excluding tributaries) 
West Buffalo Creek 
Huffman Crook 
Squalla Creek 
South Crook 

Big Snowbird Creek (old railroad junc- 
tion to mouth) 
Choouh Ris e r (-fw+ trout ' ■ vat e r) 

Mountain Creek (headwaters to SR 

1138 bndge) 
Lono Creek (headwaters to lower bridge 

onSR 1127) 
Tulula Creek (headwaters to lower 

bridge on SR 1211) 
Franks Creek 
Cheoah Reser\oir 
Stecoah Creek 
Sawyer Creek 
Panther Creek 
(J) Haywood County: 

Pigeon River (not trout water) 
Cold Spnngs Creek 
Humcane Creek 

Jonathan .lonathans Creek - lower 
(concrete bndge in Dellwood to Pi- 
geon Ri\er) 
Jonathan Jonathans Creek - upper [SR 
1307 bndge (west) to SR 1302 bndge] 
Hemphill Creek 

West Fork Pigeon River (headwaters to 
1 ake 1 og:tn pn\ate pro pert \') 
(K) Henderson Counts : 

Broad River (not trout water) 
Rocky Broad Riser (one-half rrule north 
of Bat Case to Rutherlord Counts' line) 
Green River - upper (mouth of Bob 

Creek to mouth of Rock Creek) 
Green River - losver [Lake Summit Dam 
to Polk County Line (top of Narrosvs)] 



/(AS7 



5./~ iXORTH CAROLINA REGISTER December 3, 1990 



PROPOSED RULES 



Camp Creek (Polk County line to SR 

i91Q) 
Big Hungry' Crook (River) 
Little IIungr>' Crook (Ri\-er) 
French Broad River (not trout water) 
Mills Ri\er (not trout water) 

North Fork Mills River 

( I lendersonville watershed boundary 



to ijame land boundarv; 



(L) Jackson County: 

Tuckar . oigoo Ri' i or (svoct fork) (Gl e nsille 

RoT ' Onoir ptf>e Ufw to- oxi '^ ting ' . vator 

kwel f4 Little L-al^ Glonvill e ) 
Little Glenville Lake 
Tuckaseigee River (junction ©f e*^ aft4 

woot forkc i (west fork to bridge at 

Wilmont | 

Scott Creek (JonoQ Cr e ok te- 
TuclcQ '. oiaoo Risor. (entire stream, 



except where posted against trespass) 

Buff Creek (SR 1457 bndge below Bill 
Johnson's place to Scott Creek) 

North Fork 

Savannah Creek (Pumpkintown bridge 
on SR 1300 to Bradley's Packmg 
House on NC 1 16) 

Croon Greens Creek (Green Creek 
Baptist Church on SR 1730 to 
Savannah Creek) 

Pumpkintown Crook (hocidwatorn t» 
Pumpl 'i ntov i n bridgo) 

CuUowhce Creek (Tilley Creek to 
Tuckaseigee River, except portion 
posted for W.C.U. outdoor class- 
room ) 

Bear Creek Lake 

Wolf Creek (not gonoral Ilatcherv Sup- 
ported trout water; see Subparagraph 
2 of this Paragraph) 

Wolf Creek Lake 

Balsam Lake 

Tanasee Creek (not gonoral Hatcher\' 
Supported trout water; see Subpara- 
graph 2 of this Paragraph) 

Tanasee Creek Lake 

West Fork Tuckaseigee Ri\er (Shoal 
Creek to existing water level of IJttle 
Glcn\ille 1 ake) 

Little Cjlcnville Lake 

Shoal Creek ((jicn\ille Resen.oir pipe- 
Ime to mouth) 
(M) Macon County: 

Little Tennessee River (not trout water) 
Nantahala Ri\er (Nantahala Dam to 

Swain County line on LS 19) 

Queens Creek Lake 

Roaring Fork Creek (LS Forest Ser\ice 
property line to mouth) 



Bumingtown Creek 
CuUasaja River (Sequoah Dam to US 64 
bridge near junction of SR 1672) 
EUijay Creek (except where posted 

against trespass) 
Mirror Lake 
Cliffside Lake 
Cartoogechaye Creek (US 64 bridge to 

Little Tennessee River) 
Tessentee Creek (Nichols Branch to 
Little 

Tennessee River, except where posted 
against trespassing) 
Savannah River (not trout water) 

Big Creek (base of falls to Georgia State 
line) 
(N) \L'idison County: 

French Broad River (not trout water) 
Shut-In Creek 

Spnng Creek (junction of NC 209 and 
NC 63 to lower US Forest Service 
boundar\" line) 
Meadow Fork Creek 
\Lax Patch Pond 
Roanng Fork 
Little Creek 
Big Laurel Creek (Mars Hill Watershed 
boundars' to Rice's Mill Dam) 
Mill Ridge Pond 
Shelton Laurel Creek (headwaters to 

NC 208 bridge) 
Big Creek (headwaters to lower game 

land boundarv') 
Mill Creek 
Spillcom Creek 

Puncheon Fork (Hampton Creek to 
Big Laurel Creek) 
(O) McDowell County: 

Catawba River (not trout water) 
Buck Creek (not trout water) 

Little Buck Creek (game land portion) 
Curtis Creek (lo' . vor gamo kwhi bound 

afv (fish barrier to US 70 bridge) 
Newberry' Creek (game land portion) 
Noilh Fork (lu^ad>vator ' j Catawba Rner 
(1 in\ille Caserns to North Co\'e 
School) 
Armstrong Creek (Cato Holler lower 
line downstream to Greenlee upper 
line) 
Wof . t Fork («e4- trout ' t vator) 
Mill Creek (upper railroad bridge to 
Old Fort Dam, except where posted 
against trespass) 
(P) Mitchell County: 

Nolichucky River (not trout water) 
Big Rock Creek (headwaters to fisliing 
club property above A.D. Hairel fann) 



5:17 NORTH CAROLINA REGISTER December 5, 1990 



I OS 2 



PROPOSED RULES 



Little Rock Creek (Green Creek Bridge 
to Big Rock Creek, except where 
posted against trespass) 
W'il e a Croijli 
Cane Creek (SR 1219 to XoUchucky 

River) 
Grassy Creek (East Fork Grassy Creek to 
mouth) 

Fast Fork Grassy Creek 
North Toe River [Aver\' Countv line to 
SR 1121 (Ahapass Road)] 
(Q) Polk County: 

Broad River (not trout water) 
North Pacolet River (Pacolet Falls to NC 
lOS bridge) 
Fork Creek (Fork Creek Church on SR 

112S to Pacolet River) 
Bie Fall Creek (below water supplv 
reservoir) 
Green River [Henderson County line (top 
of narrows) to mouth of Brights Creek] 
Ostin Creek (Grease Creek) (Upper 
Halbcrl Cove Road bridge on SR 
11 42 to existing Lake Adger water 
le\el. except where posted against 
trespass) 
Laurel Branch 
Little Cove Creek 
Big Cove Creek 
Rixhaven Creek 
Camp Creek [Henderson County line 

(top of falls) to Green River[ 
Fulloms Creek (SR 1154 to Green 
River) 
(R) Rutherford County; 

Broad River (not trout water) 
Rocky Broad River (Henderson County 
line to head of rapids at Goose Pond 
Flole, except where posted against tres- 
pass) 
(S) Stokes County: 

Dan River (lower Flippin property line 
below SR 1416 to 200 yards down- 
stream from end of SR 1421 ) 
(Tl Surr\' County: 

^'adkin Ri\er (not trout water) 
.Ararat River (-w-i+ tw+«- v . ator) (SR P2'' 
downstream to SR 175^) 
Stewarts Creek I not trout water) 
Pauls Creek (A'iriruiia State line to SR 

1625) 
Fisher River fnot trout water) 
Little Lisher Ri\er (A'irgima State line 
to NC 89 bridge) 
Cooper Creek 
Merritt Creek 

Paul ' J Crook (^'ir ' -!inia State few tt* S4^ 
444^ 



(U) Swain County: 

Little Tennessee River (not trout water) 
Calderwood Lake (Cheoah Dam to 

Tennessee State line) 
Cheoah Reser%'oir 
Tuckaseigee Ri\er (not trout water) 

Deep Creek (Great Smoky Mountains 
National Park boundar>" line to 
Tuckaseigee River) 
Oconaluftee River (not trout water) 

Connelly Creek 

.Alarka Creek 
Nantahala River (Macon County line to 

existing water level of Fontana Lake) 
(V) Transylvania County: 

French Broad River (junction of west and 

north forks to L'S 276 bridge) 
Little River (not trout water) 

Laurel Creek (headwaters to existing 
Cascade L,ake water \c\e\) 
Davidson Riser (gumi ' ktfhi boundar>' 

(Aven.' Creek to Fcusta intake) 
East Fork French Broad River (Glady 

Branch to French Broad River) 
Middl e Pt»fk 
West Fork French Broad River (SR 1312 

and SR 1309 intersection to junction 

of west and north forks) 
Savannah Ri\er (not trout water) 
Florsepasture River (Jackson County line 

to existing water level of Lake Jocassee) 
Thompson River (SR 1152 to South 

Carolina state line, except where posted 

against trespass) 

Gumbottom Creek (SR 1152 to 
Thompson River) 
Toxawav Ri\er ( eame lands portion) 
(\V) Watauga County: 

New Ri\-er (not trout waters) 

North Fork New Ri\er > . "oilh Fork (;\ ' jho 

County) (not trout water) 

Ilop 'i kini' i lloskins Fork (headwaters to 
Ashe Count\ line) 



South Fork New River South Fork (not 
trout water) 
Meat Camp Creek 
Norris Fork Creek 

Howards Creek (downstream from 
lower falls) 
Middle Fork N£}1 River (Lake Chetola 

Dam to New River) 
\'adkin River (not trout water) 

Stony Fork (headwaters to Wilkes 

Countv line) 
Elk Creek (headwaters to gra\'el pit on 
SR 1508, except where posted against 
trespass) 



I OS 3 



5:r NORTH CAROLINA REGISTER Decembers, 1990 



PROPOSED RULES 



Watauga River (jVvqp/ County U»* (SR 
1559 10 SR 11 14 bridge) 
Beech Creek 

Buckeye Creek Reservoir 
Coffee Lake 
Laurel Creek 
Cove Creek (SR 

ZionviHe to SR 

Amantha) 
Dutch Creek (second bridge on SR 
134 to mouth) 



1233 
1233 



bridge 
bridge 



Crab Orchard Creek 
Boone Fork (headwaters to SR 1562) 
Johns River (not trout water) 

Thunderhole Creek (not Hatchery 
Supported Trout waters, see Subpar- 
agraph 2 of this Paragraph ) 
New 't'ears Creek (not 1 latcherv Sup- 
ported Trout waters, see Subpara- 
graph 2 of this Paragraph) 
Broshiil Lake 
(X) Wilkes County: 

Yadkin River (not trout water) 
Roaring River (not trout water) 
East Prong (hoadwator'j Roaring River 
(Bullhead Creek to Brewer's Mdl on 
SR 1943) 
Middle Prong Roaring River (headwaters 

to second bridge on SR 1736) 
West I'rong Roaring Riser (not trout wa- 
ters) 



Pike Creek 
Pike Creek Pond 
Pell Branch Pond 



to 



Boundary' 1 ine Pond 
Mulberry Creek (not trout water) 
Harris Creek (end of SR 1736 
mouth) 
Reddies River (not trout water) 

Middle Fork Reddies River (Clear 
Prong) (headwaters to bndge on SR 
1580) 
South Fork Reddies River (headwaters 



on NC _[6 bndge) 
North Fork Reddies 



Ri\er (Vannoy 



Creek) (headwaters to Union School 
bridge onSR 1559) 

North Prong ( DaniL'U Creek) Creek 
(downstream ford b«- M^t 1 569 to 
mouth) Reddies Ri\'er) (downstream 
ford on SR 1 569 to conlluence with 
North Fork) 

Middle F\>rlv. (Criear Proni : ! 



to- bndg e »ft S4v 15S' , ()) 
South Fork (headwater ' 
bntige) 
Lewis Fork Creek (not trout water) 



(headvsatero 



South Prong Lewis Fork South Prong 
(headwaters to Lewis Fork Baptist 
Church) 
Fall Creek (except portion posted 

against trespass) 
Stony Fork Creek (headwaters to Mt. 
Zion bridge near intersection of SR 
1155 and SR 1167) 
(Y) Yancey County: 

Nolichucky River (not trout water) 
Cane River (Pen - iacola bridge te- &fie mile 
upotroam from Bowlen's Creek) 
(Cattail Creek to Bowlens Creek) 
Bald Mountain Creek (except where 

posted against trespass) 
Bald Creek (not trout water) 
LiclcLikillet (^reok 
Efe W^dlow (Sohronc e Cre e k) 
Indian Creek (not trout water) 
Price Creek (junction of SR 1120 and 
SR 1121 to Indian Creek) 
South Toe River (Clear Creek to lower 
boundary line of ^'ancy Yancey County 
recreation park except where posted 
against trespass) 
Rock Creel: (lov i er Kw» milei . ) 
Middle Crook (low e r »fte milo) 
(^ Native Trout Water '. . Tb<* native trout 
v s aterL i ' i S hich ttfe KH-t+ located »*«• game 
landi i i+fe designated h+ t+tt-i Subpiu'agraph 
under tfee counties whore located: 
(2) Wdd Trout Waters. .All designated public 
mountain trout waters located on game 
lands are classifled as wild trout waters 
unless classihed otherwise. F'urthennore, 
thos 



wild trout 

thereof, which are 



waters, or portions 

not located on game 

lands are designated iii this Subparagraph 
under the counties where located: 

(A) .Vllegliany County: 

Roating Fork (Ramey Creek) Ramev 
Creek 

(B) Ashe County: 

Big Horse Creek (headwaters (Virginia 
State line to SR 1361 bridge) 

Three Top Creek and tributaries (portion 
on Bluff Mountain Game I ands) 

(C) Avepy" County: 

Buck Timber Creek (game land boundary 
downstream to its mouth at Wilson 
Creek excluding Flat Land Branch) 

Cary Flat Branch (headwaters to upper 
game land boundary, excluding Archie 
Coffev and Bo\de Coffev Lakes, and 
from lower game land boundary to 
mouth at Buck Timber Creek ) 

Kentucky Creek (entire stream) 



5: 1 7 NOR TH CA R OLINA REGIS TER December 3, 1990 



10S4 



PROPOSED RULES 



North Harper Creek (non-game land 

portions) 
Wilson Creek (upper Bill Crump property 

line downstream to the game land 

property boundarv') 

(D) Buncombe County: 
Carter Creek 

(E) (44f Burke County: 

All waters located on South Mountain 
State Park except the mam stream of 
Jacob Fork between the mouth of Shiny 
Creek and the lower park boundar\' 

(F) Cherokee County: 
Bald Creek 

(G) Clay County: 



Tuni Creek 
(II) CJraham County: 



to 



1 ittle Buftalo Creek 

South Fork Squally Creek 
(II (4h- Jackson County: 

North Fork Scott Creek 

Sa\annah Creek (headwaters 

Pumpkintown bridm on S_R 1301)) 

Tanasee Creek (US F'orest Service prop- 
erty line to c>dsting water le\el of 
Tanasee Creek Lake) 

W'hito' . vator Ri' < \'r ( hot v , con uppor rtft4 
Kni i or giuno boundario; . ) 

Wolf Creek ftS- Foro i L . t Scnice property 
l+fw to e xi '. ting wat ^ r \o\o\ t*f Wolf 
Creek 1 ake) (entire stream, except 
Balsam I ake) 
(J) Macon Countv: 



Bm Creek ( Base of falls to Georgia State 
Ime) 



(K) M:idison County: 

Bjij Creek (headvyaters to lower game land 
boundar\"| 



Mill Creek 
Puncheon Fork 
(L) McDowell County: 



North Fork Catawba Ri\er (headwaters 

to I iuMlle Ca\ems) 
(M) (4-+ Mitchell County: 

Green Creek (headwaters to Green Creek 

Bridge, except where posted against 

trespass) 
Little Rock Creek (headwaters to Green 

Creek Bndge, except where posted 

against trespass) 
Wiles Creek (game land bound:ir\" \o_ 

mouth) 
(N) Polk County: 



V>\z Fall Creek ( abo\ e water supph reser- 
voir) 

Fork Creek (Fork Creek Church on SR 
1 12S to North Pacolet River) 



Middle Fork French Broad River 
Whitewater Rner (upstream from upper 

game land boundary) 
(P) fH^ Watauga County: 

Boone Fork (Blue Ridge Parkway 

boundary line to Watauga River) 
Dutch Creek (headwaters to 2nd bridge 

on SR 1134) 

Howards Creek (headwaters to lower 
falls) 
(Q) ^ Wilkes County: 

Big Sandy Creek (on Stone Mountain 

State Park) 
Garden Creek (on Stone Mountain State 

Park) 
Harris Creek and tributaries (on Stone 

Mountain State Park) 
Widow Creek (on Stone Mountain State 

Park) 
(R) 'I'ancev Count\': 

1:1k Wallow ( Schronce Creek) (entire 

stream) 



Lickskillct Creek (entire stream) 



Middle Creek (game land boundar\' to 

mouth) 
Rock Creek 



(game land boundar\" to 



mouth) 



(O) (-G^ Lransylvania County: 



South Toe Ri\'er (game lands boundar\' 
downstream to Clear Creek ) 
(b) Fishmg m I'rout Waters 

(1) General Trout Waterc. It is unlawful to 

take fish of any kind by any manner 
whatsoever from designated pubhc 
mountain trout waters during the closed 
season for trout fisliing. The seasons, size 
hmits, and creel and possession limits on 
trout apply in all waters whether desig- 
nated or not as public mountain trout 
waters. E.xcept in power resen,'oirs and 
city water supply reser\'oirs so designated, 
it is unlawful to fish in designated public 
mountain trout waters with more than 
one line. 

(2) Native Trout ^\'ater ^ : . . Fishing in nuti' i e 

wild trout waters designated in Subpara- 
graph (2) of Paragraph (a) of this Rule is 
subject to the same restrictions as are ap- 
plied to native wild trout waters located 
on game lands by 15A NCAC lOD 
.0(Jl)4(b)(r) as to fishmg hours and 15A 
NCAC lOD .0004(b)(4") as to seasons, 
creel and size limits, and manner of tak- 
ing. No person shall possess li\'e or pre- 
ser\'ed bait while fishing wild trout waters. 

(3) Catch and Release .Artificial 1 ures Onh' - 
Those portions &[ designated wild trout 
waters, including tnbut:Lnes e.xcept as 
noted, are further classified as Catch and 



10S5 



5: 1 - yOR TH CAROLINA REGIS TER December i, 1 990 



PROPOSED RULES 



Release 'Artificial Lures Onlv waters. 



Only artiflcial lures having one single 
hook may be used. No fish ma\" be har- 
vested or in possession while fishing these 
streams: 
Harris Creek and tributaries (portion on 
Stone .Mountain State Park, Wilkes 
Count V) 



Big Horse Creek, excluding tributaries 

(headwaters to S_R 1361 bridge, Ashe 

County) 
Three Top Creek (portion located on niuff 

Mountain Game lands, Ashe County) 
Wilson Creek (headwaters to game lands 

boundar\' abo\e Hdaemont. 



:ludir 



tributaries, A\er\' County; 



I'pper Creek, ^'ancey Coimtv 

Lower Creek, Yancev County 

Tuckaseegee River above the Clarke prop- 
erty, including all tnbutaries. Jackson 
County 

Flat Creek. Jackson County 

Carter Creek (game lands portion). 
Buncombe County 
(4) Catch and Release Fly Fishing Only -_ 
Fhose portions of designated wild trout 
waters, including tributaries except as 
noted, are further classified as Catch and 
Release Fly Fishing Only waters. Only 
artificial tlies ha\ing one single hook may 
be used. No fish may be harvested or in 
possession u hilc fishing these streams: 

Boone Fork (portion between Blue Ridge 
I'arkwav boundan' and Watauga Riser, 
Watauga County) 

South Foe Rner | portion from the concrete 
bridge abo\e [Jlack Mountain 

Campground downstream to the game 
land boundar\' (excluding Camp Creek 
and Neals Creek), "^'ancev County] 



Lost Cove Creek ( game land portion, ex- 
cluding Gragg I'rong and Rockhouse 
Creek. Caldwell Count\) 

Dasidson Ri\cr (headwaters to .Asen Creek 
excluding \\cv\ Creek, I, poking Glass 
Creek, and Cjrogan Creek) 
(5) Dela\ed 1 Ian. est - Those portions of des- 
ignated hatchcr\ supported trout waters, 
excluding tnbutancs except as noted, are 
funhcr classified as Delaxed 1 Ian est Wa- 
ters. Between ]_ .March and the Friday 
before the first Saturday in June. inclusi\'e. 
only artihcial lures with one single hook 
No fish may be harvested 



may be used. 

or m possession 

streams dunng this time 



Saturday in June these streams re'vert to 
Hatchery' Supported Waters regulations: 

Ararat River (SR 1727 downstream to SR 
1759) 

R Prong Roaring River (portion in Stone 
Mountain State Park, Wilkes County) 

Jacobs ['ork (portion within South .Moun- 
tains State Park, Burke County) 

Nantahala River (portion from powerhouse 
to Whiteoak Creek, Swain County) 

Statutory Authoritv ' G.S. 1 13-134: 113-272; 
113-292. 

SECTION .0300 - G.AME FISH 

.0304 TAKING .AND POSSESSION OF 
INLAND GAME FISHES 

It is unlawful to take in one day more than the 
daily creel limit of those species of inland game 
fish having a specified creel limit; to possess more 
fish than the daily creel limit whilo fi -i hing, boat 

"»— ; '-'1 U.I IV TTJ ' \JT VTT l.H^;';'^33 CIT LtllT L'lUCW rTTTTTT? TTTCtTT 

throQ dayo cruijl limit, in effect on those waters 
being fished; or to possess any fish outside of the 
size limit in effect on those waters being fished. 
It IS unlawful to possess any fish smaller than the 
minimum size limit or to destroy unnecessarily 
any inland game fish taken from public fishing 
waters. 

No person while fishing shall remove the head 
or tail or otherwise change the appearance of any 
game fish having a daily creel or size limit so as 
to obscure its species or render it impracticable 
to measure its total original length or count the 
number of such fish in possession. 



Statutory Authoritv 
1 1 3- 1 35. 1; 113-292. 



G.S. 113-134; 113-135; 



.0305 OPEN SE.VSONS: CREEL AND SIZE 
LIMITS 

(a) Generally. Subject to the exceptions listed 
in Paragraph (b) of this Rule, the open seasons 
and creel and size linrits are as indicated in the 
following table: 



while fishing these 
On the first 



GAME FISHFS 

Mountain I rout: 
fAU Sp e ciofi) 
Wild iVout 
Waters 

Hatchepy- Supported 
1 rout Waters 



DAILY CREEL 
LIMITS 



( e xcptn. ^ 



5:17 NORTH CAROLINA REGISTER December i, 1990 



10S6 



PROPOSED RULES 



Sea Trout (Spot- 
ted or Speckled) 



None 



(excptns. 3 
and 15) 

None 
(excptn. 3) 



Muskcllunge 




2 




and Tiger 


Mu; 


ky 






Chain Pic 


kcrel 




None 




(Jack) 






(excptn. 1) 


30 in. 


WaUcye 






8 

(excptns. 9 
and 10) 


None 


Sauger 






8 


None 
(excptn. 9) 



Black Bass: 






Laraemouth 


»5 






(excptn. ^ 


15 in. 




im4 10) 




Smallmouth 


*5 


14 in. 


and Spotted 


(excptn. S 


(excptns. 4 




afi410) 


Sand 11) 


Wlute Bass 


25 


12 in. 




(excptn. 1) 


(excptns. 4 
Sand 11) 



None 



I'lounder 


None 


12 in. 


Red drum (channel 


None 




bass, red hsh, 






puppy dmm) 




13 in. 

14 in. 


Striped Bass 


8 asCTecate 




and their hybrids 


(exc. 1 and 6) 




(Morone Ihbrids) 




16 m. 


Kokanee Salmon 


7 


(excptns. 1, 
6 and 12) 


Panfishes 


None 

(excptns. 5 






and 14) 


None 


NONCJ.WIli MSllES 


None 


None 


MINIMUM 


OPI N SEASON 


(excptn. 14) 


SIZE I IMITS 


(EXCPTN. 2) 


None 


Nohl' 






(L'xcptii. M 




(b) Excepti 



All year, except 
March 1 to 4-3 kfr 
boforo r . unrioo 7:00 
a.m. on first Sat- 
urday in April 
(excptns. 2 and 3) 

ALL YEAR 



ALL YEAR 



ALL YEAR 



ALL YEAR 



ALL YEAR 

(excptn. 13) 



ALL YEAR 

ALL YEAR 
ALL \ EAR 



ALL YEAR 
ALL \EAR 



ALL YEAR 

(excptns. 6 
and 16) 



ALL ^ EAR 

ALL ^ EAR 

(excptn. 5) 

ALL YEAR 

(excptn. 7) 



/VU \ear 



(1) ift i.LCCordcincL ' with 4tt* N'irginiu North 
Carolina reciprocal aiirJoinL ' iit. tht» creel 



10S7 



5:17 NORTH CAROLINA REGISTER December i, 1990 



PROPOSED RULES 



limit i* jiglit fof chain pickorel (jack) aft4 
oiyjit fo+ V i hitL ' b** » Ae Staunton River 
ea^t- &f Ae mouth ©f Difficult Crook, Ae 
©a» Rivor ea** Bf Ae Brantly Stoam Plant 
Dam a4- Dan' i illo, Korr aft4 Garton R.(?s 
orvoirc . including ali tributap . wators lying 
i» oithor Mrginia e+ North Carolina ^ . vhich 

cit ? crtTJ^^r^TTTTtt? Kf T L.H_riit 1 1 Oi 1 1 1 1 It? X l till 1 1 

bodioG »f tfe© roconoiro, aft4 Ae h . lanti 
Crook LUibimpoundmont. In the Dan 
Ri\er upstream from its confluence with 
Bannister Ri\'er to the Brantly Steam 
Plant Dam, and in John H. Kerr, Gaston, 
and Roanoke Rapids Reservoirs, the creel 
limit on striped bass and Morone hybrids 
is four in the aggregate and the minimum 
size limit is 20 inches. 

(3) Night fishing is prohibited in most desig- 
nated public mountain trout waters on 
game lands and in native wild trout wa- 
ters. Under an agreement with Tennessee, 
the minimum size Umit on trout in 
Caldenvood Reservoir is seven inches. 
Spocial crool aft4 ^trfe limit ' ' , apply to sa- 
t+v^ tf©«4- - . satora. f^e^ 4-^A NC.AC +t>G 
.0305(c) aft4 44A- NCAC \&^ Mm\ 

(6) In the joint and inland and joint waters 
of t4w coa '. tal n' l or '. Cape Fear. Neuse and 
Tar ri\ crs and their tributaries extending 
upstream to the first impoundment, »f to 
t4+e hoadv i utor '. . i4- unimpoundod. the daily 
creel limit tor striped bass and their hy- 
brids is thioc ' 1+^1=H X» '. tnpod t»a» tn?- 
t' l voon tlw longth '. ef H incht?^ aft4 -5^ 
incho 'i . b i /ith inclu -. iv ^ . Hwy b<* rotainod 
one fish and a minimum length limit of 
j^ inches. 
the 



tirst 



In the Roanoke Ri\er up to 

impoundment, trom Julv _1_ 

through March \\_ the daiK creel limit for 
striped bass i^ one tish and a minimum 
lenizth limit of K^ inches: from Apnl 1 
through .May 31 the daily creel limit i_s 
three tish. and no tish between the lengths 
of 21 inches 
tamed, from 
\mi^ and the 



and 22 inches ma\ be re- 
May a to Docombor ^A^ 
minimum lentith is 16 



inches. 

(7) See 15.\ NCAC IOC .0407 for open sea- 
sons for taking nongame fishes by special 
de\ ices. 

(S) The maximum combined number of 
black bass of all species that may be re- 
tained is eight fu'c fish, no more than two 
of which may be smaller than the appli- 
cable minimum si/e lunit. 1 he minimum 
size limit for all species of black bass is 14 
inches, with no exception in Lake Luke 
Marion in .Moore County, in Reedy 



Creek Park lakes in Mecklenburg County, 
and in Currituck Sound and tributaries 
north of Wright Memorial Bridge; in 
North River and tributaries in Currituck 
and Camden Counties north of a line be- 
tween Camden Point and the end of SR 
1124. In and west of Madison, 

Buncombe, Henderson and Polk Coun- 
ties the minimum size Limit is 12 inches. 
In B. Everett Jordan Reservoir a daily 
crool limit ©f four f»h- aft4 a minimum size 
limit of 16 inches, with no exception. af>- 
f4¥ applies to largemouth bass. In FaUs 
of Neuse Reserv'oir, east of SR 1004, 
Sutton Lake and Tuckcrtown Lake the 
daily crool limit f©f black t»a** hv fo+» fi^fer 
no black bass between the lengths of 12 
inches and 16 inches may be retained, and 
the minimum size limit for black bass is 
16 inches, except that the daily creel may 
contain two black bass of less than 12 
inches in length. t» John Hr Korr Ror . or 
ve+F aft4 Lake Gaoton t+ie black b** daily 
crool limit k. frvi* ft^ir In \V. Kerr Scott 
Reservoir there is no minimum size limit 
for spotted bass. 
(9) A minimum size limit of 15 inches applies 
to walleye taken from Lake James and its 
tributaries, and the daily creel limit for 
walleye is four fish in LinviJle Ri\er up- 
stream from the NC 126 bridge above 
Lake James. 

(10) The creel limit for black bass and waUeye 
taken from Calderwood Reservoir is 10. 

(11) Lhe minimum size limit for aU black bass 
is 18 inches in the following trophy bass 
lakes: 

(A) Cane Creek I ake in Union County; 
and 

(B) Lake Thom-A-Lex in Davidson 
County. 

(12) In all impounded inland waters and their 
tributaries, except those waters described 
in Exceptions (1), the daily creel hmit of 
striped bass and their hybrids ma\' include 
not more than two fish of smaller size 
than the minimum size Limit. 

(13) In Cane Creek Reservoir (Orange 
County) the season for taking largemouth 
bass is closed. 

(14) In Lake Tillerv. Falls Lake. Badin 1 ake. 



(15) 



and Luckt 


■ilown I ake a d 


ailv 


creel 1 


unit 


of 20 fish 


and a minimum 


size 


Limit 


of 8 


inches app 


Iv to crappie. 








In Slick 


Rock Creek the 


minimum 


size 


is 7 inches 


for brook trout 


and 


10 inches 


for brown 


and rainbow 


trout 


with 


no 


maximum 


si/.e limits. 









5:17 NORTH CAROLIiXA REGISTER December 3. 1990 



loss 



PROPOSED RULES 



(16) In designated inland fishing waters of 



Roanoke Sound. Croatan Sound, 



Albemarle Sound. Chowan River, 



Cumtuck Sound. .Vllisator River, 



Scuppemoniz Rner. and their tributaries 
(excluding the Roanoke River and Cashie 
Ri\er and their tnbutanes). stnped bass 
fishins season is closed when adjacent 
joint or coastal fi shins waters are closed 
to hook and line tlshmg for striped bass 
bv the Mannc lishenes Commission. 

Statuwn Authoritv G.S. 113-134; 113-292; 
113-304; 113-305. 

SLBCMAPTER lOD - GAME LANDS 
REGLL.VTIONS 

.0002 CF.NKRAL REGLL.VIIONS REGARDING 
LSE 

(h) Vehicular TratTic. No person shall dri\'e a 
motorized \ehicle €«■ a road t*f tetii poc ' tod 
again f . t ' .^^ hicular traffic t:*f othor than »«• roads 
maintain e d t++f 'rohicular 1*?^* on an\ game land 
except on those roads constaicted and main- 
tained tor \ehicular tra\el and those trails posted 
for \ehicular tra\'el: pro\"ided that tins provision 
shall not appl_\" to participants in scheduled bird 
dog field trials held on the Sandhills Game Land. 

SlamtofT Authoritv G.S. 113-134; 113-264; 
113-270.3; 113-291.2; 113-291.5; 113-305; 
113-306. 

.0003 HI NTING ON GAME LANDS 

(e) Hunting Dates: 
(3) Any game may be taken on the following 
game lands during the open season, except 
that: 
(B) Wild boar ma\' not be taken with the 
use of dogs on such bear sanctuaries, and 
wild boar may be hunted only during the 
bow and arrow seasons, the muzzle- 
loading deer season and the regular gun 
season on male deer on bear sanctuaries 
located in and west of the counties of 
Madison. Buncombe, Henderson and 
Polk: 
(Kj Additional restrictions or modifications 
apply as indicated in parentheses follow- 
ing specific designations: 
.Alexander and Caldwell Counties--Brushy 

Mountains Game Lands 
.Anson County--.Anson Game Land 
Ashe County— Bluff \fountain Game Lands 
Ashe County-Cherokee Game Lands 
Ashe and \\'atauga Counties--EIk Knob 
Game Land 



Avery, Buncombe, Burke, Caldwell, 
Ha\Avood, Henderson, Jackson. Madison, 
McDowell, Mitchell, Transylvania, 
Watauga and ^'ancey Counties— Pisgah 
Game Lands (Harmon Den and 
Sherwood Bear Sanctuaries in Ha\T.vood 
County are closed to hunting raccoon, 
opossum and wildcat. Training raccoon 
and opossum dogs is prohibited from 
March 1 to October 1 1 in that part of 
Madison County north of the French 
Broad Ri\er. south of US 25-70 and west 
ofSR 1319.) 

Boaufort. Bertie and Washington Counties- 
- Bachelor Bay Game Lands 

Beaufort and Pamlico Counties— Goose 
Creek Game Land 

Brunswick County--Green Swamp Game 
Land 

Burke County--South .\fountains Game 
Lands 

Burke. McDowell and Rutherford 
Counties--Dysartsville Game Lands 

Caldwell, Watauga and Wilkes Counties 
County --\"adkm Game Land 

Carteret. Craven and Jones Counties-- 
Croatan Game Lands 

Chatham County— Chatham Game Land 

Chatham. Durham, Orange, and Wake 
Counties--New ILnpe Game Lands 

Chatham and Wake Counties--Shearon 
Harris Game Land 

Cherokee, Clay, Graham, Jackson. Macon. 
Swain and Transylvania Counties-- 
Nantahala Game Lands, (-k- i*- unla' i ' . ful 
to- tefe? Of- hunt 4eef »«■ Firoo Croek Bear 
Sanctuary. Raccoon and opossum may 
be hunted only from sunset Friday untU 
sunrise on Saturday and from sunset until 
12:00 midnight on Saturday on Fires 
Creek Bear Sanctuar\' in Clay County and 
in that part of Cherokee County north of 
US 64 and NC 294, east of Persimmon 
Creek and Hiwassee Lake, south of 
Hiwassee Lake and west of Nottely River; 
in the same part of Cherokee County dog 
training is prohibited from March 1 to 
October 11. It is unlawful to train dogs 
or allow dogs to run unleashed on Fires 
Creek Bear Sanctuarx' at any time, except 
that dogs may be used when hunting 
raccoon or opossum and for hunting 
grouse and rabbits during the open sea- 
sons. It is unlawful to train dogs or allow 
dogs to run unleased on any game land in 
Graham Count>' between March 1 and 
October 11. 

Chowan Countv--Chowan Game Land 



I OS 9 



5:r 



.\ORTH CAROUSA REGISTER December 3, 1990 



PROPOSED RULES 



Chowan County — Chowan Swamp Game 

Land 
Cleveland County--Gardner-Wcbb Game 

Land 
Craven County--Neuse River Game Land 
Craven County--Tuscarora Game Land 
Currituck County--North River Game Land 
Currituck County-- Northwest River Marsh 

Game Land 
Dare County— Dare Game Land (No hunt- 
ing on posted parts of bombing range.) 
Da\'idson, Davie, Montgomery. a«4 Rowan 

and Stanlv Counties— Alcoa Game Land 
Davidson County--Linwood Game Land 
Davidson, Montgomery and Randolph a«4 

Stanly Counties--Uwharrie Game Land 
Duplin and Pender Counties--Angola Bay 

Cjame Land 
Durham. Granville and Wake Countics-- 
Butner- Falls of Neuse Game Land (On 
portions of the Butner-Falls of Neuse 
Game Land designated and posted as 
"safety zones" and on that part marked 
as the Penny Bend Rabbit Research Area 
no hunting is permitted. On portions 
posted as "restricted zones" hunting is 
limited to bow and arrow during the bow 
and arrow season and the regular gun 
season for deer.) 
Franklin County--Franklin Game Lands 
Gates County--Chowan Swamp Game 

L.and 
Granville County--Granville Game Lands 
Henderson, Polk and Rutherford Counties- 

-Grcen River Game Lands 
Hyde County— Gull Rock Game Land 
Hyde County-- Pungo Ri\er Game Land 
Hyde and Tyrrell Counties--New Lake 

Game Land 
Jones and Onslow Counties--Hofmann 

Forest Game Land 
Lee County--Lee Game Land 
McDowell County— Hickory Nut Mountain 

Game Land 
Moore County— Moore Game Land 
New Hanover County-- Catfiah Sutton Lake 

Game Land 
Orange County — Orango Gami? Land 
Person County— Person Game Land 
Transyhania County— Toxaway Game Land 
Vance County--Vance Game 1 and 
Wilkes County--Thurmond Chatham Game 
Land 
(4j Deer of either sex may be taken on the 
hunt dates indicated by holders of permits 
to participate in managed hunts scheduled 
and conducted in accordance with this 
Subparagraph on the game lands or 



portions of game lands included in the 
foOovving schedule: 
Friday and Saturday of the first week after 
Thanksgiving Week: 
Uwharrie and /Vlcoa southeast of NC 49 
Third Saturday after Thanksgiving Day: 
Carson Woods 
Thurmond Chatham 
Thursday and Friday of the week before 
Thanksgiving Week: 
Sandhills east of US 1 
Sandhills west of US 1 
Fourth Saturday after Thanksgiving Day: 
Dysartsville in McDowell County 
Hickorynut Mountain in McDowell 

County 
Pisgah in Avery County 
Pisgah in Burke County 
Pisgah in Caldwell County 
Pisgah in McDowell County 
Pissjah in ^'ancey County north &i t^ 

ft) li^F 
South .Mountains 
Thurmond Chatham 
Application fonns for permits to participate 
in managed deer hunts on game lands, to- 
gether with pertinent information and in- 
structions, may be obtained from hunting 
and fishing license agents and from the 
Wildlife Resources Commission. Com- 
pleted appUcations must be received by the 
Commission not later than the first day of 
October next preceding the dates of hunt. 
Permits are issued by random computer se- 
lection, are mailed to the permittees 30 days 
prior to the hunt, and are nontransferable. 
Each permit is accompanied by an appro- 
priate big game tag. A hunter making a kill 
must tag the deer and report the kill to a 
wildlife cooperator agent. 
(5) E xcL'pt as otlu ' rwi j - .a indioatod, the The fol- 
lowing game lands e* indicated portiono 
thoroof and Federal Wildhfe Refuge are 
closed to all hunting except to those indi- 
viduals who have obtained a valid and 
current permit from the Wildlife Rc- 
sources Commission: 



Bertie, Halifax and Martin Counties-- 
Roanoke River Wetlands conaicting »f the 
f ' tatc' ovsncd Broadni. ' ck, Company 
S' . samp. (^iniuL ' l -. land. Sp^ ' lkT Outlaw 
aft4 Urquhart tract - i (controlled hunting 
vs sohodulod aft4 allowed by pennit only. 
Interested persomi ;. hould contact Ae Di- 
s'i 'i ion trf Wildlit e Management el^ t+» 
Wildlife Re 'i Ource '. CtMnmis 'i ion trt- t4*e 
;\rchdale Building, -^44 r^ Sahsbuiy 
Street, Raleigh, Noi1h Carolina 37611.) 



5: 1 7 NOR TH CA ROLINA REGIS TER December i, 1 990 



1090 



PROPOSED RULES 



Bertie County-- Roanoke River Nationa] 
Wildlife Rctu'ie 



Caswell County--Casvvcll Game Land (That 
portion designated and posted as a "Safety 
Zone") 

Dare County--Darc Game Lands (Tfiose 
parts of bombing range posted against 
hunting) 

Davie--Hunting Creek Swamp Waterfowl 
Refuge 

Gaston, 1 incoln and Mecklenburg 
Counties—Cowan's Lord Waterfowl Ref- 
uge (except for youth either-sex deer 
hunts by permit only on the first and sec- 
ond Saturdays in October). 

Statutoiy Aut/ioritv G.S. 113-134: 113-264: 
/ 13-20 /'.2: / 13-20 /'.5: / 13-305. 

.0004 FISHING ON GAME LANDS 

(a) Generally. Except as otherwise indicated 
herein, fishing on game lands which are open to 
tishlng shall be in accordance with the statewide 
regulations. .Ail game lands are open to public 
fishing except restocked ponds on the New Hope 
Game Land when posted against fishing, Hunt- 
ing Creek Swamp Waterfowl Refuge, Grogan 
Creek in rnmsyhania County, and in the case 
of prisate ponds w here fishing may be prohibited 
by the owners thereof No trotlme or set-hook 
nor any net, trap, gig, bow and arrow or other 
special fishing device of a t\pe mentioned in 15.A 
NC.AC IOC .0403 may be used in any of the 
impounded waters located on the Sandhills 
Game Land. The game lands license is not re- 
c]uired to tish on the central and eastern game 
lands where there are no designated public 
mountain trout waters. 

(b) Designated Public Mountain Trout Waters 

(1) Fishing Hours. It is unlawful to fish in 
designated pubUc mountain trout waters 
on any game land from one-half hour af- 
ter sunset to one-half hour before sunrise, 
except that night fishing is permitted m 
the game lands sections of the Nantahala 
Ri\'er located downstream from the Swain 
County line. 

(2) Location. .All waters located on the game 
lands listed below, except Cherokee Lake, 
Grogan Creek, and Biiz I aurel Creek 
downstream from IS 2.^-70 bridge to 
1 rench Broad i\i\er. Pi'ieon Ri\er down- 



stream WalciA ille Reser\oir to 1 ennessce 
line, and Nolichuck\ Ri\er are desi'jiated 



public mountain trout waters: 
Green Ri\er Game Land in the Counties of 
1 lendcrson and Polk 



Nantahala National Forest Game Lands in 
the Counties of Cherokee, Clay, Graham, 
Jackson, Macon, Swain and Transylvania 
Pisgah National Forest Game Lands in the 
Counties of Avery. Buncombe, Burke, 
Caldwell, Haywood, Henderson, 

Madison, McDowell, MitcheU, 

Transylvania and Yancey 
South .\Iountains Game Land in Burke 

County 
Thurmond Chatham Game Land in Wilkes 

County 
Toxaway Game Land in Transylvania 
County 
(3) Gonoral Trout Watoro. All designated 
public mountain trout waters located on 
game lands aft4 V i hich a^^ fte+ arc wild 
trout waters unless further designated as 
natisL' hatcher\' supported trout waters afe 
cki 'i'i ifiod a^ gonoral trout watorc t and are 
subject to the same restrictions as to sea- 
sons and creel and size limits as are appli- 
cable to trout aenerallv (see 15A NCAC 
IOC .0305). 
(44 Nativo Trout \\'atQrs 

(Ai Do '. ignation. So much of tfee foUov i ing 
public mountain trout ' ■ ' ■ atorr ' . mcliiding 
i+U Inbutano ' i unlonti othon' i i '. o inilicatod. 
*^ aw' locatod en* gamo landr . . w* tuithor 
do '. ignatod t» nati' ii? trout vratorr . : 
Amif i trong Crook abovo t4w rtato ft^b 

hatchoiy m McDov i oll Count;. 
A' l opy Crook h* TraiVjyK'unia County 
8i§ Crook h* Ha ^'wood County 
U*^ Crook ift Hondon . on County 
fti§ Crook ift \ancey County 
6w Fa f i t Fork e+' Pig e on Ri' ie r m 

Huyv i ood County 
B+g Snov i bird Crook abo' ie tfee t44 whI- 

road junction h* Graham County 
Bo' i ' . lon'; . Crook m ^"ancoy County 
Bradloy Crook m A» cinmtio ' ' . of 

llondor '. on aft4 Tran ' ' ' ;iivania 
Buck Crook » Clay County 
Buck Timbor Crook, oxcluding cttt 

tnbutario 'i . m i\vor> County 
Canoy Fork Crook m .lacki . on County 
Cars" WTt^- Branch m A' . eiy County 
CalaKnichoo Crook m- Hayv . ood Count>' 
CaliiV i ba Mivor ift .McDov i oll C,\uinty 
Colboil Crook ift ^"ancoy County 
Curti ' : Crook abo' ie t4te fr4* bnirier m 

.McDo' i voll Counlv 
Du' . id '. on Pu' i or. abos o rt-> conllu e nc e Viilh 

Avorr Crook, oxcopt Grogan C rook h% 

Tranr ' Vh'ania County 
Liro; . Crook m Clay Count)' 
Wat- Crook m JaclcL i on Counlv 



1091 



5:17 NORTH CAROLINA REGISTER December 3, 1990 



PROPOSED RULES 



riotchor Crook m Hondor '. on County 

Gago Crook » JaL-kc i on (bounty 

Harper Crook » t4*» Countiof f ef jVs'ory 

aft4 Caldwoll 
treft Prong »f Pigoon Roost (B e ar 

\\'allow) Crook » MitchoU County 
Littl i^ Earit Fork e4 Pigoon Pvivor » 

IIa; i i . vood County 
Loot Co' i O Croolc, oxcopt Gragg Pong *h4 

Roclchouco Crook. » ;\voP i County 
Maclioy Croolc m McDo' . voll County 
MiJdlo Crook H* ^'ancoy County 
Middle Prong, \\'o ' : i t Fork ef Pigoon Risor 

m I[a; i ^vood County 
Nantahaki PJvor abos'o t4*# boar r i anctuany 

l+«# tft Macon County 
North Fork Fr e nch IJroad Ri' i or up '. troam 

Irom 1 ong Branch m- Tranf . yhania 

County 
North Ilarpor Creole in- j'V' i or , " County 
Rock Crook » ^"anc e y Ccninty 
Slick Rock Crook aft t-hr* Tonnosr . oo Ime 

»ft4 m Graham County 
Scnith Ilai-por Crook m :\\\ ' \y County 
South Milhi Risor t» t4w countioo e( 

Ilondorc . on aft4 Tran ^i yhania 
South Toe Rivor from hoadv i utors K* wp- 

pi*f gamo ktft4 boundaP i boUnv Black 

Mountain Campground m ^"ancoy 

County 
Stool -i Crook ift Burk e County 
Tanu '. oo Crook ift .lackoon County 
Tuckar . oogoo Ri' i or. upotroain troiu Clarko 

property (including Piinthortown »ft4 

Groonkmd Crook '. *h4 tributanoo) tft 

Jackson County 
I ppor Creole ift Burleo County 
W'hitov i ator Riser belovr Silver Run 

Crook, »ft4 o>ecluding r*tt tributarior . . m 

t+h* counties 6vf Jackson »ft4 

TransyKiinia 
Wilson Crook above t4*e J-Hft lodd prop 

ert¥ ift A>orr County 
Wolf Creole, except Balsam Fnlee (Old 

Mead 1 ake), » Jackson Countv 
(-B->- Nativ e Trout Regulations. F'xc e pt tt^ 
others' , ii . e pros ided ift Pail f4^ b( tfei* 
Subparagraph, the foUosving rules apply 
to fishing ift natise trout ssaters: 
(4-^ Open Sea: . on. Ihere h* a year round 

open season fof t4*e liceu '. od taking t4" 

trout. 
ftif Creel Limit. 44*e daily creel limit k 

four trout. 
fftH ^'*^ 1 imits. Tke mimmum s«e i* 

soson inches ftft4 t4w maximum ^ee » 

te» inches, except tfet- &fte trout ift tfee 

creel ftH*v exceed teft inches, te- Slick 



Rock Crook t4*e minimum «*» » s e s^en 
inches fof brook trout tm4 teft inch e s 
fof brosvn aft4 rainbosv trout with ne 
maximum *we limits. 
(tv) Manner »f Taking. Only artificial 
lur e s has'ing only ofte single hook H»y 

(C^ Special Rogulationo. T4*e follosving 
rules apply a* indicated to t-he gamo feft4 
portion of Lost Cose Creole » Aserv ' 
County (excluding Gragg Prong aft4 
P».oclehouso Creole). South Toe Riser from 
tfee concrete bridge abose Black Moun 
taift Campground dosvnstream to ttte 
gamo laft4 boundaiy (excluding Camp 
Creole rtft4 Noals Creek), to ti+e gamo land 
portion of Dasidson Riser abose As or .' 
Creek i» Transylsania County (excluding 
y\s'ory Crook, Looking Glass Crook aft4 
Grogan Crook), aft4 to the gamo km4 
portion of Tuckasoegeo River upstream 
fro m Clarko property (including 
Panthertosvn a«4 Groon I aiul Crooks aft4 
tributeines) rt«4 -Ptet Crook tft Jackson 
County: 
{+} Open Season. There t* Fto closed 

s e a i. on. 
(-ttf Creel 1 imit. The daily creel limit i^ 
fottf trout, except ho trout ftwtv he Fe- 
tainod from I ucka ii oegoe Riser aft4 
tributaries aft4 Wat- Creole. 
ft«-} Swe Limits. The minimum 4iw t* 
sosen inches a«4 t+te maximum 4** t* 
te» inches, oxcopt that- o«e trout es- 
cooding fourteen inches tway he retained 
from I ost Cose Cre e k aft4 South Toe 
Riser, aft4 ewe trout exceeding sixteen 
inches tftay he retained from Dasidson 
Riser. 
ftv-^ Manner of Taking. Only artificial 
fhe-. hvising ooe single hook nwy he 
used. 

StatutofT Authoritv G.S. IJ3-LU: 113-264: 
113-2^2; 113-292: 1/3-305. 

SLBCHAPTER lOE - FISHING AND BO.VIING 
ACCESS AREAS 

.0004 LSE OF AREAS REGl EATED 

(0 No person shall launch or moor jet skis or 
boats at public tishing access areas. 

Slatiitoiy Authoritv C.S. ^5 A- 14-: 1/3-/34; 
// 3-264. 

TITLE 21 - OCCLFATION.\L LICENSING 
BOARDS 



5:17 NORTH CAROLINA REGISTER December 3, 1990 



1092 



PROPOSED RULES 



No 



otice is hereby gh'en in accordance with G.S. 
I SOB- 1 2 that the \orlh Carolina Auctioneers 
Commission intends to amend rules cited as 2/ 
.\CAC4B .0201. .0302 - .0303. .0403, .0602; and 
adopt ride cited as 21 S'CAC 4B .0603. 

1 he proposed effective date of this action is April 
I. I9QI. 

1 he public hearing will be conducted at S:30 
a.m. on Januaty 10, 1991 at the Hilton Inn. 
Carolina Ballroom. 207 S.IV. Greenville Blvd., 
Greemille. .\orth Carolina 27834. 



Co 



omment Procedures: .-iny interested person 
may present written comments for consideration 
by the .\orth Carolina Auctioneers Commission. 
The hearing record will remain open for receipt 
of comments from December 3, 1990 through 
January IS. 1991 . Written comments should be 
receti'ed by the \orth Carolina .iuctioneers Com- 
mission by midnight on Januari' IS. 1991 . to be 
considered as part of the hearing. Comments 
should be addressed to: 

.Mr. IC. Wayne Woodard 

Executh'e Director 

Sorth Carolina A uctioneer Licensing Board 

Suite 306 

3509 Haworth Drh-e 

Raleigh, \orth Carolina 2^609 

Any person may present oral comments at the 
hearings. Requests to speak shoidd be presented 
to .Mr ]V. ]]'ayne Woodard at the above address 
no later than fh'e days before the date of the 
hearing. .Idditional comments may be allowed 
by the Commission by signup at the public hearing 
as time allows. .Ill presentations will be limited 
to fn'e minutes. 

CIIAI'IFK 4 - COMMISSION FOR 
Al ClIONKFRS 

SLBCIIAI'FFK 4B - Al ClIONFFK LICKNSINC 
BOARD 

SFC I ION .0200 - APIM ICAFION FOR 1 ICKNSF: 

.0201 AI'I'l K AFION FORMS 

(a) Auctioneer. Each applicant for an 
auctioneer license shall complete an application 
form pros ided h\' the Board. This form shiill be 
submitted to the e\ccuti\c director and shall be 
accompanied by: 



(1) one recent head and shoulders photograph 
of the applicant of acceptable quality for 
identification, two inches by two inches in 
size; 

(2) statements of the results of a local criminal 
histors' records search by the city county 
identification bureau »f clerk of superior 
court (or equi\alent official in other 
states) in each county where the applicant 
has resided or maintained a business 
within the immediate preceding 60 
months (five years); 

(3) the proper fees, as required bv 21 NCAC 
4B .0202; and 

(4) documentation of required schooling or 
experience, as follows: 

(A) .Applicants who base their application 
upon their successful completion of an 
approved school of auctioneering must 
submit a photostatic copy of their di- 
ploma or certificate of successful com- 
pletion. 

(B) .Applicants who base their application 
upon their successful completion of an 
apprenticeship must submit a log which 
was maintained during the apprenticeship 
period which details the exact hours and 
dates on which they obtained apprentice- 
ship experience, with each entr\' being 
verified and signed by their supervising 
auctioneer. A minimum of 100 hours of 
experience during the apprenticeship two- 
year period must be obtained. Not less 
than 25 of the total hours accumulated 
must be attnbutable to working as a nng 
man. drattine and ncjotiatina contracts. 



merchandise. 



ad\ crtismsi. 



appraising 

clerkini; and cashicnng. with not less than 
live hours ot' accumulated cxpenence 
documented for each categor\". An ap- 
prentice who apphcs for an auctioneer li- 
cense under this subsection must submit 
his application aiul supporting documen- 
tation and obtain a passing score on the 
auctioneer exam prior to the expiration 
of fus apprentice auctioneer license. 
(5| Ndn-resident applicmts must also submit 
a properK' completed "Designation ot 
-Agent for Ser\ice of Process Fonn" with 
notan/ed signature and notanal seal af- 
tixed. 



(b) N on -Resident Reciprocal .Auctioneer- 
Each non-resident applicant ioi auctioneer h- 
cense. w ho applies for a Noilh Carolina license 
pursuant to Ci.S. S-sB-.^ shall complete an appli- 
cation form provided bv the Bo:ird. 1 his tonn 
shall be submitted to the Executne Director and 
shall be accompanied b\: 



1093 



5:17 NORTH CAR0LL\.4 REGISTER December 3, 1990 



PROPOSED RULES 



(1) one recent head and shoulders photograph 
ot^^ acccptahlc quality for identification, 
two inches bv two inches in size; 

(2) statements of the results of a local criminal 
history" records search bv the clerk of su- 
penor court (or equi\'alent official) in each 
county where the applicant has resided or 
maintained a business within the immedi- 
ate preceding 60 months (five years); 
the proper fees, as required bv 2]_ NCAC 
4B .0202; 

a statement of good standing from the li^ 
censing board or Commission of each and 
e\er\' lunsdiction where the applicant 
holds or has held an auctioneer, appren- 
tice auctioneer or auction firm license; and 

a properK completed "Designation of 
Agent for Service of Process l-'orm' with 



(5) 



notarized signature and notarial seal af- 
fixed. 



(c) fb-^ Apprentice Auctioneer. Each applicant 
for an apprentice auctioneer license shall com- 
plete an application form provided by the Board. 
This form shall be submitted to the executive di- 
rector and shall be accompanied by: 

(1) one recent head and shoulders photograph 
of the applicant of acceptable quality for 
identification, two inches by two inches in 
size; 

(2) statements of the results of a local criminal 
histop,' records search by the city county 
idjutification bureau »f clerk of superior 
court (or equi\alent official) in each 
county where the applicant has resided or 
maintained a business within the immedi- 
ate preceding 60 months (five years); 

(3) the proper fees, as required bv 21 NCAC 
4B .0202; afi4 

(4) the signature, as designated on the appli- 
cation form, of the Licensed auctioneer f*f 
who will be super\ising the apprentice 
auctioneer; and 

(5) if applicant is a non-resident, a properly 
completed "Designation of .Agent .Scr\ice 
ot^ Process I'omi ' with notarized signature 
and notanal seal affixed. 

(d) (e) Auction Finns. Fach applicant for an 
auction hrm license shall complete an application 
form provided by the Board. This form shall be 
submitted to the executive director and shall be 
accompanied by: 

(1) statements of the results of a local criminal 
history records search by the city county 
identification bur t^ cai »f clerk of superior 
court (or cqui\alent official) in each 
county where any piincipal of the auction 
turn has resided or maintained a business 



within the immediate preceding 60 
months (five years); and 

(2) the proper fees, as required by 21 NCAC 
48 .0202; 

(3) a certified copy of any applicable Articles 
of Incorporation. Partnership Agreement, 
and or Assumed Name Certificate; 

(4) a statement of good standing from the li^ 
censing board or Commission of each ju- 
nsdiction w^here the applicant firm and or 
any principal of such firm holds an 
auctioneer license of any type: and 

(5) if applicant tirm is a non-resident, a prop- 
erly completed "Designation of Agent for 
Ser\'ice of Process Form" (one each for 
the auction firm and for each principal of 
the finn ) with notanzed signature and 
notarial seal affixed and, if a corporation, 
appropriate corporate seal and corporate 
secretary 's signature aftixed. 

Statutory Authority G.S. S5B-3(f); S5B-4: S5B-5. 

SECTION .0300 - EX.\MINATIONS 

.0302 RF-EX.\MI\.\TION/REFLND OF FEES 

If the applicant does not appear at the initial 
examination for which he has been scheduled or 
fails to pass such examination, he will be re- 
scheduled for the next scheduled examination. 
If the applicant again does not appear or fails to 
pass this examination, a refund of the annual 
auctioneer or apprentice license fee will be made 
and fe* applicant;"! w ho 4*4 set- oopi'o »» appr^'u 
tic e r . liip, a refund of ii*e any Auctioneer Recoserv" 
Fund contribution will be made. No refund of 
the examination fee is aUowed. A complete new 
application or apphcation and proper fees are re- 
quired if the person wishes to reapply. 

Statutoty Authority G.S. 85B-4; S5B-6. 

.0303 EX.\M: REVIEW: PAPERS ,VND 
CONTENTS 

(a) Any applicant who ha* failed fails to pai- . f . 
obtain a passing score (75 percent or better) on 
an examination may request and receive an ap- 
pointment with the executive director to review 
their exan"iination. 

(b) All exan"iination papers shall remain the 
property of the Board. The contents thereof 
shall not be divulged, except by express written 
authorization of the Board. 

Siaiutoiy Authority G.S. 85B-4. 

SECTION .0400 - LICENSING 

.0403 APPRENTICE .\LCTIONEER LICENSE 



5:17 NORTH CAROLINA REGISTER December 3, 1990 



1094 



PROPOSED RULES 



(a) An apprentice auctioneer's license is valid 
only while he is associated with and supcr\'ised 
by a licensed auctioneer assigned by the Board. 
In order to be assigned by the Board as a super- 
visor, the Board must receive a written notice, 
signed by the prospective super\isor and the ap- 
prentice, requesting that the licensed auctioneer 
be assigned as a super\'isor for the apprentice. 
Upon receipt of such a request, the Board shall 
make the requested assignment: however, such 
requested assignment may be denied by the 
Board for good cause shown. Upon termination 
of the association between the supervisor and the 
apprentice, the supervisor shall immediately no- 
tify the Board in writing, showing the date of 
termination. 

(b) The supervising auctioneer must be on the 
premises of the sale location at any and all times 
that an apprentice auctioneer is engaged in bid 
calling. .Additionally, the supervising auctioneer 
shall be responsible tor super\ ising the apprentice 
on a regular basis and cnsunng that the appren- 
tice auctioneer confonns witii the auctioneer law 
and rules promuliiated bv the Board. 

(el .\n\ licensed auctioneer who undertakes the 
sponsorship (tT an apprentice auctioneer shall 
ensure that the apprentice recei\-es proper train- 
ing, supervision, and guidance in the killowing: 



(1) 



A practical and working know ledge (M the 
auction business including tundamentals 
of auctioneenns, contract drattins. bid 



121 

(3) 



calling, basic mathematical computations. 
ad\ eilisinL;. and settlement statements: 
"1 he proMsions of the licensing law; 

[lie rules and regulations of the Board: 
and 

(4) The preparation and maintenance o{_ writ- 
ten ajeements. record books, and other 
sales records as required bv law, 
(d) .Apprentices are prohibited from conducting 
or contracting to conduct any auction without 
the pnor express written consent ot the sponsc 



No sponsor shall authonze an apprentice to 
conduct or contract to conduct an auction or to 
act as principal auctioneer unless the sponsor has 
detennined that the apprentice has received ade- 
quate training to do so_ 

(e) The sponsor shall be responsible for ensur- 
ing that the apprentice complies with all of the 
laws, rules and reeulaticMis as lhe\" appK' to any 
auction related transaction appro\-ed bv the 
sponsor. 

(f) An apprentice auctioneer is required to no- 
tif\ the Hoard, m writiniz. immediateh' upon ter- 
minatioii o\_ his association with his supen'ising 
auctioneer. cU which time his license will be un- 
mediateh suspended. 



Statutory Authority G.S. 85B-3(f); 85B-4. 
SFXTION .0600 - GtNERAL ALCTIO.NEERING 

.0602 ADVERTISING 

(a) In all advertisements relating to an auction, 
the auctioneer's, apprentice auctioneer's or auc- 
tion firm's name and license number shall be 
clearly given. If an auctioneer is working for or 
in conjunction with an auction hrm, such re- 
lationships must be disclosed and both license 
numbers shall be clearh gi\'en. A general adver- 
tisement which does not concern a specific sale(s) 
and which does not hst sale dates, times or lo- 
cations, generally referred to as trolling or holding 
advertisements, is not subject to any identifica- 
tion requirement. A licensee may advertise under 
a name, assumed name, trade name, or combi- 
nation of names, onlv if proper written notice has 
been prexlouslv filed with the Board. The 
hcensee shall also notify the Board of all certif- 
icates tiled with any county register of deeds in 
compliance with G.S. 66-68. 

(b) .AnN" licensee who ad\'ertises an "Iistate 
Sale" must conspicuously disclose, in all adver- 
tisement niatenals, whether it is the estate of a 

Ordinanh', 



the term 

similar terms 



living or deceased person. 

"F St ate Sale", "t-state of 

ma\' not be used to advertise a sale at which 
items will be sold which do not belong to the 
estate advertised. However. it_ mav be proper to 
advertise that a given auction will include items 
trom the estate of a certain living or deceased 



person pro\ided the items of the estate comprise 
a substantial portion of tlie items being ottered 
for sale and the advertisement clearly indicates 
that the sale is not an estate sale but rather 
"contains or includes items from the estate of 
...." Notw ithstanding anv other prov ision herein. 
it may be proper to combine the assets o| two 
or more estates into a single sale. 

(c) It shall be a violation of these Rules to ad- 
vertise a sale as "absolute" or 'without reserve" 
if the sale is subject to contlnnation. minimum 
bid, or an\' other condition q\_ sale. 

(d) It shall be a violation of these Rules to ad- 
vertise any sale using such descriptive words as 
"Urgent". 'd'mcrgencN ". "Distress" or an\' other 
word w hich connotates liquielation ot assets or 
that the bu\'ers will, for some extraordinan.' rea- 
son. b£ in ii position to reap some unusual bar- 
gam without conspicuoush disclosing, in the 
wntten advertisement, the reason that the sale is 
"urgent", the nature ot t]ie "emergency" or the 
cause of the "tiistress", etc. 



(e) It shall be a violation of these Rules to: 
( 1) Reference the U.C.C. or any other uni- 
fonn act or federal law in anv advertise- 



1095 



5: 1 7 NOR TH CAR OLINA REGIS TER December .?, / 990 



PROPOSED RULES 



ment unless such act or law is required, 
by law, be referenced; 

(2) To reference or mention any federal, state 
or local agency or commission unless 
specifically required by law to do so or 
unless pnor written approyal is receiyed 
from such agency; or 

(3) To adyertise for sale items which the 
auctioneer does not actually plan to offer 
for sale at the adyertised auction. 

(f) Any auctioneer or auction firm vyhose name 
or license number appears on an ad\'ertisement 
shall be responsible for the contents of that ad- 
vertisement or any resultant yiolation of Chapter 
85B of these Rules whether or not such licensee 
drafted or was otherwise responsible for such 
adyertisement. 

Statutory Authority G.S. 85B-3(f): 85B-S(a)(4). 

.0603 KSCROW ACCOUNTS 

(a) Each payment that a buyer makes to an 
auctioneer firm selling on a commission basis is 
a trust fund. Such funds must be deposited in 
an escrov\- account for the benefit of the owner 
or seller of such property. 

(b) Every auctioneer firm shall establish and 
maintain a separate bank account designated as 
"Custodial Account for Sellers Proceeds" or 
some similar identifying designation, to disclose 
that the depositor is acting as a fiducian,' and that 
the funds in the account are trust funds. 

(c) Such custodial accounts for sellers proceeds 
must be established and maintained in banks or 
savings and loan associations located in the State 
of North Carolina whose deposits are insured by 
the Federal Deposit Insurance Corporation, or 
comparable state recognized insurance agency or 
program. 

(d) The Custodial Account for Sellers shall be 
drawn on only for payment of 

(1) the net proceeds to the seller, or to any 
person that the auctioneer fum knows is 
entitled to payment; 

(2) to pay lawful charges against the property 
which the auctioneer firm shall in its ca- 
pacity as agent, be required to pay: and 

(3) to obtain any sums due the 
auctioneer firm as compensation for its 
services. 

(e) In the event of a dispute between the seller 
and buyer of goods or property or between the 
licensee and any person in whose name tmst or 
escrow funds are held, the licensee shall retain 
said monies in his trust or escrow account until 
he has obtained a written release from the parties 
consenting to its disposition or until disburse- 



ment is ordered by a court of competent juris- 
diction. 

(f) Each auctioneer/firm shall keep such ac- 
counts and records as will disclose at all times the 
handling of funds in such Custodial Accounts for 
Sellers Proceeds. Accounts and records must at 
aU times disclose the names of buyers and the 
amount of purchase and payment from each. 
Also, the names of the sellers and the amount 
due and payable to each from funds in the Cus- 
todial Account for Sellers Proceeds. 

(g) All trust or escrow account records shall be 
available for inspection by the Commission or its 
duly authorized representative, without advance 
notice, and copies shall be pro\ided to the 
Commission upon request. 



Statutory A uthoritv 
85B-8(a). 



G.S. 85B-3(f): S5B-7; 



■k-k*-k-k*-k*-k-k-k-ki:i:-k-k-k* 



l\otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the North Carolina Board of Nurs- 
ing intends to amend rule cited as 21 NCAC 36 
.0211. 



Th 



he proposed effective date of this action is .April 
I. 1991. 

1 he public hearing will be conducted at J .00 
p.m. on January 10, 1991 at the North Carolina 
Board of Nursing Office, 3724 National Dri\e, 
Suite 201, Raleigh, NC 27612. 

y^omment Procedures: Any person wishing to 
present oral testimony relevant to proposed rules 
may register at the door before the hearing begins 
and present hearing officer with a written copy of 
testimony. Written statements may be directed 
fn-e days prior to the hearing date to the North 
Carolina Board of Nursing, P.O. Box 2129, 
Raleigh, NC 2^602. 

CH.\PTF.K 36 - BO.\RD OF NLRSING 
SECTION .0200 - LICENSURE 

.0211 EX.\MIN.\TION 

(a) /Vn applicant meets the educational quali- 
fications to write the examination for licensure to 
practice as a registered nurse b\': 

( 1) graduating from a board appro\'ed nursing 
program designed to prepare a person for 
registered nurse licensure: 



5:17 NORTH CAROLINA REGISTER December 3, 1990 



1096 



PROPOSED RULES 



(A) applicants graduating before July 1, 
19S1 have no time restnctions on writing 
the examination; 

(B) applicants graduating after July 1, 1981 
must write the examination within three 
years of graduation. 

(2) graduating from a nursing program outside 
the United States or Canada that is de- 
signed to prepare graduates for the equiv- 
alent of licensure as a registered nurse, and 
submitting the certificate issued by the 
Commission on Graduates of Foreign 
Nursing Schools as evidence of the re- 
quired educational qualifications. 

(b) An applicant meets the educational quali- 
fications to write the examination for licensure to 
practice as a licensed practical nurse by: 

(Ij graduating from a Board approved nursing 
program designed to prepare a person for 
practical nurse licensure: 

(A) applicants graduating before Juh' I. 
1981 have no time restrictions on wnting 
the examination; and 

(B) applicants graduating after July 1. 1981 
must write the examination within three 
years of graduation. 

(2) graduating from a nursing program outside 
the United States or Canada that is de- 
signed to prepare graduates for the equiv- 
alent of hcensure as a licensed practical 
nurse, and submitting evidence from a 
Board approved evaluation agencv of the 
required educational qualifications and 
evidence of Fngiish proficiency from a 
Board appro\ ed aiiencN or -^enice: or 

(3) graduating within the past three years from 
a Board appro\ed nursmg program de- 
signed to prepare graduates for registered 
nurse hcensure. and failing to pass the ex- 
amination for registered nurse licensure. 

(c) An application to the Board of Nursing for 
examination shall be submitted at least 60 days 
prior to the examination. In instances where the 
60 day deadline cannot be met. the Board may 
grant an exception upon request from the direc- 
tor of the nursing educational program in which 
the applicant is enrolled or from the applicant. 
.-\n admission card with specific information as 
to time. date, and place of examination will be 
mailed to the applicant appro .ximately 14 da\s 
prior to the date of the examination. 

(d) Those applicants who qualify' for examina- 
tion in accordance with G.S. 90-U1.29 will be 
issued a Status .A temporar." license as pro\ided 
for in G.S. 90-17" 1.33. .A temporars' license may 
be witliheld in accordance with G.S. 90-171.37. 

ie) The examinations for licensure de\eloped 
b\" the National Council of State Boards of 



Nursing, Inc. shall be the examinations for 
licensure as a registered nurse or as a licensed 
practical nurse in North Carolina. 

( 1 ) These examinations shall be administered 
in accordance with the contract between 
the Board of Nursing and the National 
Council of State Boards of Nursing. Inc. 
(2j The examination for licensure as a regis- 
tered nurse shall be administered in Feb- 
ruary' and July on dates determined by the - 
National Council of State Boards of 
Nursing, Inc. 

(3) The examination for licensure as a hcensed 
practical nurse shall be administered in 
April and October on dates determined 
by the National Council of State Boards 
of Nursing. Inc. 

(4) Scores on the examination shall be re- 
ported, by mail only, to the individual 
applicant and to the director of the pro- 
gram from which the applicant was grad- 
uated. Aggregate results from the 
examinationi's) may be pubhshed by the 
Board. 

(5) The passing standard score for each of the 
five tests comprising the examination for 
registered nurse licensure, up to and in- 
cluding the Februar>' 1982 e.xamination is 
350. For the examination offered in July 
1982 and through July 1988, the passing 
score is 1600. Beginning February 1989, 
the passing score for registered nurse 
licensure is reported as "PASS". 

(6) The passing score for the examination for 
practical nurse hcensure, up to and in- 
cludmg the April 1988 is 350. Beginning 
October 19SS. the passing score for prac- 
tical nurse hcensure is reported as 
"P.ASS". 

(f) .Apphcants who meet the qualifications for 
licensure will be issued a certificate of registration 
and a hcense to practice nursing for the remain- 
der of the year. 

(g) .Applicants for North Carolina license may 
take the examination for licensure de\"eloped by 
the National Council of State Boards of Nursing. 
Inc. in another jurisdiction of the United States, 
providing: 

(1) the Board of Nursing in that jurisdiction 
consents to proctor the applicant; 

(2) arrangements are made through the North 
Carolina Board of Nursing sufficiently in 
advance of the examination date to meet 
application requirements in both jurisdic- 
tions: and 

(3) the apphcant pays an>" sen ice fee charged 
by the proctoring Board. 



1097 



5: 1 " .\OR TH CAROLINA REGIS TER December 3. 1 990 



PROPOSED RULES 



(h) The North Carolina Board of Nursing may applicant shall submit a ser\'ice fee for such 

proctor an examination upon request of another proctoring. 
state Board of Nursing at the regularly scheduled 

examination sessions if space IS available. The Statutory Authority G.S. 90-171.23(15); 

^ 90-171.29; 90-171.30. 



5:17 NORTH CAROLINA REGISTER December 3, 1990 109S 



ARRC ()BJECTl()^S 



I he Adniiniurativc Ru/r.s Review Commis.unn ( ARRC) objected to the fi^Ilowim; ntles in accord- 
ance with GS. I43B-30.2{C I . Slate agencies are required to respond to ARRC as provided in C7 .S'. 
l43B-30.2idl. 



r CONOMIC AND COMMIMTY DEVELOPMENT 

Credit I nioii Dnision 

4 SCAC 6C .0203 - Fields of Membership 
Agency Revised Rule 

ENMR()N>rENr. HEALTH, AND NATURAL RESOURCES 

I'n\ironmcntal Health 

/5A \CAC ISC .0/02 - Definitions 

/5.1 .\C.4C ISC ./532 - Variances and Exemptions 

/5.A .\CAC ISC ./5.U - .UiLX" Contaminant Levels for Coliform Bacteria 

ISA SCAC ISC .2001 - General Requiremenfi 

I5A .\'CAC ISC .2002 - Disinfection 

I5A .\CAC ISC .2003 - Filtration 

ISA \C.iC ISC .2004 - Analytical and Monitoring Requirements 

ISA SCAC ISC .200S - Criteria for .-[voiding Filtration 

rn\iroiimental Management 

ISA SCAC 211 .1203 - Piihlic Sotice 

.\gency Revised Rule 
ISA SC.-iC 2S .0703 - Initial Abatement Measures and Site Check 
ISA SCAC 2S .0^04 - Initial Site Characterization 

Marine lasheries 

ISA SCAC 3C .0311 - Cancellation 

.Igency Revised Rule 
ISA SCAC 3S .0001 - Scope and Purpose 

Agencv Revised Rule 
ISA SCAC 30 .0203 - Shellfish Lease Application Processing 

.Igencv Revised Rule 

Sc'lid Waste Management 

ISA SCAC I3B .1003 - Fligible Purposes 

.Igency Revised Rule 
ISA SCAC 138 .lOOS - Priority Factors 

.Igency Revised Rule 

Wildlife Resources Commission 

ISA SCAC ion .0302 - .Minimum Standards 
.-igency Revised Rule 



ARRC Objection S:I6 90 
ObJ. Removed 9^20,90 



ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 



Objection 10 
Objection 10' 
Objection 10' 
Objection 10 
Objection 10 
Objection JO 
Objection 10 
Objection 10 



IS 90 
18190 
IS 90 
IS 90 
IS; 90 

IS: 90 
18:90 

/Si 90 



ARRC Objection S; 16190 
OhJ. /Removed 9 20:90 
ARRC Objection // /4 90 
ARRC Objection // /4 90 



ARRC Objection 9 20 90 
ObJ. Removed /O /S 90 
ARRC Objection 8 /6:90 
ObJ. Removed 9 20;90 
ARRC Objection 8:/6l90 
ObJ. Removed 9:20,90 



A R/^C Objection S:/6;90 

ObJ. /icmoved 9;20;90 

ARRC Objection S /6'90 

Obj. Removed 9,20.90 



ARRC Objection 9 20 90 
Obj. Removed /O, /S, 90 



1099 



5: 1 " i\OR TH CA R GUN A REGIS TER December 3, 1 990 



ARRC OBJECTIONS 



HUMAN RESOURCES 

Facility Services 

10 SCAC 3R .2113 - Definilions 

Agency Revised Rule 
10 SCAC 3R .2115 - Seed for Services 

Agency Revised Rule 
10 SCAC 3V .0303 - Insurance Required 

Indi\idual and Family Support 

/O SCAC42C .3301 - Existing Building 

10 SC4C 42D .1401 - Qualifications of Administrator' Co-.idministrator 

INSURANCE 

Agent Sen'iccs Disision 

// SCAC 6A .0702 - Prelicensing Education Schools 
Agency Revised Rule 

Financial F\aluation Division 

// SC.iC I IB .0607 - .-ipplication - Employers 

Agency Returned Rule Without Change 
J J SCAC I IB .0610 - Application - Groups 

Agency Returned Rule Without Change 

LICENSING BOARDS AND COMMISSIONS 

Medical Examiners 

21 SCAC 32.\I .0007 - Termination ofSP Approval 

Physical Fhcrapy 

21 SCAC 4SC .0102 - Responsibilities 

.Agency Returned Rule Unchanged 
21 SCAC4SC .0501 - Exemption for Students 

Agency Returned Rule Unchanged 

Plumbing and 1 Icating Contractors 

21 SCAC 50 .1203 - Disposition of Petitions 
21 SCAC 50 .1207 - Request to Participate 

PUBLIC EDUCATION 

Elementar)' and Sccondan,' Education 

16 SCAC 6C .031 2 - Certificate Suspension and Revocation 

.Agency Revi.<:cd Rule 
16 SCAC6D .0105 - Use of School Day 

Objection Reconsidered and Eailed 

Clincher \ lotion Passed 

Agency Tiled Rule for Codification in the SCAC 



ARRC Objection 9,20,90 
Obj. Removed 9j2li90 
ARRC Objection 9120190 
Obj. Removed 9; 21; 90 
ARRC Objection I Ij 14190 



ARRC Objection IT 14190 
ARRC Objection II;I4!90 



ARRC Objection S: 16,90 
Obj. Removed 9120190 



ARRC Objection 8,16,90 
9i20j90 

ARRC Objection S 16,90 
9 1 20 1 90 



ARRC Objection IT 14190 



A RRC Objection 9 20; 90 
So Action 10:18/90 

ARRC Objection 9,20/90 
So Action lO: 18/90 



ARRC Objection IT 14:90 
ARRC Objection 11/14/90 



ARRC Objection 8 16:90 

Obj. Removed 9 20/90 

ARRC Objection 6,21/90 

7, 19,90 

9,28/90 



5:17 NORTH CAROLINA REGISTER December 3, 1990 



II 00 



ARRC OBJECTIONS 



SI ATE PERSONNEL 



25 NCAC IB .0/07 


- Personnel Commission Meetings 


ARRC Objection 


9120190 


25 NC AC IB .0108 


■ Commission Staff 


ARRC Objection 


9120/90 


25 SCAC IB .0109 


- Commission Actions 


ARRC Objection 


9120190 


25 NCAC IB .0110 


- Motions 


ARRC Objection 


9/20190 


25 NCAC IB .0111 


- Voting 


ARRC Objection 


9/20/90 


25 NCAC IB .0112 


■ Abstention 


ARRC Objection 


9/20/90 


25 NCAC IB .0/13 


■ Duties of the Chairman 


ARRC Objection 


9/20/90 


25 NCAC /B .0//4 


■ Order of Business 


ARRC Objection 


9/20/90 


25 NCAC /B .0//5 


■ Special .Meetings 


ARRC Objection 


9/20/90 


25 NCAC /B .0//6 


- Duties of Chairman Between Meetings of the 


Comm ARRC Objection 


9/20/90 


25 NCAC IB .0117 


Standing! Special Committees 


ARRC Objection 


9/20/90 


25 NCAC IB .Oils 


.Minutes 


ARRC Objection 


9/20/90 


25 NCAC IB .0119 


Notice of Commission .4 ction 


ARRC Objection 


9/20/90 


25 NCAC IB .0120 


Appointment of Vice- Chairman 


ARRC Objection 


9/20/90 


.Agency Withdrew 


Rules .0/07 - .0/20 




/0//S/90 


25 NCAC IL .020/ 


I'urpose 


ARRC Objection 


9/20/90 


25 NCAC /L .0202 


I'olicy 


ARRC Objection 


9/20/90 


Agency Withdrew Rules .020/ - .0202 




/0//8/90 


25 NCAC /L .0206 


A nti- Discrimination 


ARRC Objection 


9/20/90 


Agency Revised Rule 


Obj. Removed 


9/21/90 


25 NCiC /L .0207 


Testing and Examination 


ARRC Objection 


9/20/90 


.■igency Revised Rule 


Obj. Removed 


9/21/90 



SI ATE TREASL RER 



I ocal Government Commission 



20 NCAC 3 .1003 - Petition for Hearing 

Agency Revised Rule 
20 NCAC 3 .1004 - Hearing Officer 

Agency Withdrew Rule 



ARRC Objection 9/20/90 
Obj. Removed 9/20/90 

9/20/90 



1 101 



5:17 iWRTH CAROLINA REGISTER December 3, 1990 



RULES INVALIDA TED BY JUDICIAL DECISION 



1 his Section of the Register lists the recent decisions issued by the North Carolina Supreme Court, 
Court of Appeals, Superior Court (when available), and the Office of Administrative Hearings which 
invalidate a rule in the North Carolina Administrative Code. 



10 :\CAC IB .0202(c) - REQUEST FOR DETERMISA TION 

Brenda B. Becton, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 
10 NCAC IB .0202(c) void as applied in High Point Regional Hospital, Inc., Petitioner v. Department 
of Human Resources. Division of Facility Services, Certificate of Need Section, Respondent (90 DHR 
0770). 

10 SCAC 3R .Oi 17(g) - WITHDRAWAL OF A CERTIFICATE 

Robert Roosevelt Reilly, Jr., Administrative Law Judge with the Office of Administrative Hearings, 
declared Rule 10 NCAC 3R .0317(g) void as applied in Dawn Health Care, a North Carolina General 
Partnership, Petitioner v. Department of Human Resources, Certificate of Need Section, Respondent (90 
DHR 0296). 

lOXCACJR .0317(g) - WITHDRAWAL OF CERTIFICATE 

Michael Rivers Morgan, Admimstrative Law Judge with the Office of Administrative Hearings, de- 
clared Rule 10 NCAC 3R .0317(g) \oid as applied in Autumn Corporation, Petitioner v. N.C. Depart- 
ment of Human Resources, Division of Facility Services, Certificate of Need Section, Respondent (90 
DHR 0321 and 90 DHR 0318). 

10 SCAC 42W .0003(c) - COUNTY DEPT OF SOCIAL SERVICES RESPONSIBILITIES 
10 .\CAC 42W .0005 - REPORTING CASES OF RAPE AND INCEST 

Judac Orr with the concurrence of Judges Eades and Cozort, Judges of the North Carolina Court of 
Appeals declared Rules 10 NCAC 42W .0003^-) and 10 NCAC 42W .0005 void as appUed in Rankin 
Whittington, Daniel C. Hudgins, Dr. Takey Crist, Dr. Gwendolyn Boyd and Planned Parenthood of 
Greater Charlotte, Inc., Plaintiffs v. The North Carolina Department of Human Resources. David 
Flaherty, in his capacity as Secretary of the North Carolina Department of Human Resources, The North 
Carolina Social Services Commission, and C. Bairy McCarty, in his capacity as Chairperson of the North 
Carolina Social Sen-icn'. Commission. Defendants (87 CVS 4867). 



5:17 NORTH CAROLINA REGISTER December 3, 1990 1102 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICA TION SYSTEM 



The North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two 
of these, titles and chapters, are mandatory. The major subdivision of the NCAC is the title. 
Each major department in the North Carolina executive branch of government has been as- 
signed a title number. Titles are further broken down into chapters which shall be numerical 
in order. The other two, subchapters and sections are optional subdivisions to be used by 
agencies when appropriate. 

TITLE/MAJOR DIMSIONS OF THE NORTH CAROLINA AD>HNISTRATIVE CODE 



IMLE DEPARIMENT 

1 Administration 

2 Agriculture 

3 Auditor 

4 Economic and Community 
Development 

5 Correction 

6 Council of State 

7 Cultural Resources 

8 Elections 

9 Governor 

10 Human Resources 

1 1 Insurance 

12 Justice 

13 labor 

14A Crime Control and Public Safety 

15A Environment, Health, and Natural 
Resources 

16 Public Education 

17 Re\enue 

18 Secretary' of State 
19A Transpoilation 
20 Treasurer 

*21 Occupational Licensing Boards 

22 Administratise Procedures 

23 Communit) Colleges 

24 Independent Agencies 

25 State Personnel 

26 Administrative Hearings 



LICENSING BOARDS CHAPTER 

,\rchitccture 2 

Auctioneers 4 

Barber Examiners 6 

Certified Public Accountant Examiners 8 

Chiropractic Examiners 10 

General Contractors 12 

Cosmetic Asi Examiners 14 

Dental Examiners 16 

Electrical Contractors 18 

Eoresters 20 

Geologists 21 

Hearing .Aid Dealers and Eitters 22 

Landscape .Architects 26 

Landscape Contractors 28 

Marital & Family Therapy 31 

Medical Examiners 32 

Midwifery Joint Committee 33 

Mortuarv' Science 34 

Nursing 36 

Nursing Home Administrators 37 

Occupational Therapists 38 

Opticians 40 

Optometry 42 

Osteopathic Examination and 44 
Registration 

Pharmacy 46 

Physical 'Lherapy Examiners 48 

Plumbing and Heating Contractors 50 

Podiatry Examiners 52 

Practicing Counselors 53 

Practicing Psychologists 54 
Professional Engineers and Land Surveyors 56 

Real Estate Commission 58 

Refrigeration Examiners 60 

Sanitarian Examiners 62 

Social Work 63 

Speech and Language Pathologists and 64 
Audiologists 

\'eterinar^ Medical Board 66 



Note: 1 itle 21 contains the chapters of the \arious occupational hcensing boards. 



1103 



5:17 NORTH CAROLINA REGISTER December 3, 1990 



CUMULA TIVE INDEX 



CUMULA TIVE LXDEX 

(April 1990 - March 1991) 



1990 - 1991 



Pages 



Issue 



1 - 151 1 - April 

152 - 235 2 - April 

236 - 285 3 - May 

286 - 312 4 - May 

313 - 407 5 - June 

408 - 473 6 - June 

474 - 513 7 - July 

514 - 603 8 - July 

604 - 635 9 - Auaust 

636 - 723 10 - August 

724 - 791 11 - September 

792 - 859 12 - September 

860 - 895 13 - October 

896 - 956 14 - October 

957 - 1009 15 - November 

1010 - 1059 16 - November 

1060 - 1106 17 - December 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

FR - Fmal Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - 1 emporary Rule 



ADMIMSIRATION 

AuxrUaPv- Scr\iccs, 860 PR 

State PropcrtN and Construction, 411 PR 

ADMIMSTRAinE HEARINGS 

Rules Division, 792 PR 

AGRICILTLRE 

Markets, 737 PR 

Plant Conservation Board, 1 PR 

Plant Industry, 739 PR 

State Fau-, 737 PR 

Structural Pest Control Committee, 7 PR 



5:17 NORTH CAROLINA REGISTER December 3, 1990 



1104 



CUMULATIVE INDEX 



COMMIMTV COLLKCES 

Communit\- Colleges, Department of, 1031 PR 

CORRECTION 

Division of Pnsons. 762 FR, 867 FR, 938 FR. 1035 FR 

CRIME COMROL AND PI BLIC SAFETY 

State Hiiihuav Patrol. 53 PR, 804 PR 
Butner Public Safety Division, 419 PR 

ECONOMIC AND COMMUMIV DE\ ELOP.MENT 

Banking Commission. 16 PR, 1062 PR 
Communitv Assistance, 25 PR, 317 PR 
Credit Umon. 317 PR, 860 PR 
Energy Division, 1013 PR 
Hazardous Waste Management, 742 PR 
.Milk Commission. 24 PR, 741 PR 

ENMRONMEN T, HEALIH. AND N.ATLRAL RESOLRCES 

Coastal Management, 136 PR, 292 PR, 707 PR, 97Q PR 

Environmental Manaszement, 54 PR, 193 PR, 420 PR, 542 PR, 706 PR, 744 PR, 912 PR, 1019 PR 
Health Services, IW PR, 565 PR, 816 PR, 860 PR 
Land Resources, 744 PR 
Marme Fishenes. 63 PR, 484 PR, 805 PR 

Wastewater Treatment Plant Operators Certification Commission, 551 PR 
Water Treatment Facilitv Operators Board of Certification, 621 PR, 983 PR 

Wildlife Resources and Water Safetv, 137 PR, 206 PR. 293 PR. 349 PR, 438PR. 563 PR, 748 PR, 815 PR, 
^)24 PR, 1020 PR, 1074 PR 

FINAL DECISION LEEI ERS 

Voting Riglits Act. 241, 286, 316, 605, 638, 792, 957. 1011, 1061 

FINAL Rl LES 

List of Rules CodiJ'ied, 143 LR, 226 FR. 302 FR. 463 FR, 587 FR. 710 FR,842 FR. 944 FR. 1047 FR 

GO\ ERNOR/LT. GOVERNOR 

Executive Orders. 236. 313, 408. 474. 514. 604. 636, 724, 896. 1010, 1060 

HLMAN RESOl RCES 

Asami, Dhision of, 704 PR 

DruiTCommission. 870 FR, 939 FR 

Facilitv Services. 516 PR, 702 PR. 958 PR 

Health Services. 152 PR, 245 PR 

Medical .Assistance. 191 PR. 'Ml PR. 1018 PR 

Mental Health. Developmental Disabilities and Substance Abuse Services, 29 PR, 318 PR, 475 PR, 898 PR 

Services for the Blind. 412 PR 

Services for the Deaf and the fLird of Hearing. 1065 PR 

Social Services. 247 PR. 607 PR, 976 PR 

Water Ireatment Facilitv Operators Board of Certification, 27 PR 

I'outh Services. 261 PR' 

INSIRANCE 

Actuarial Services Division. 4Sl> PR 

-Agent Services Division. 321 PR. 520 PR 

Engineenng and Buildmg Codes, 793 PR 

Financial Evaluation Division. 342 PR, 525 PR 

Fire and Casualtv Division, 335 PR. 478 PR. 796 PR 

File; Accident and Health. 264 PR, 287- PR, 529 PR, 798 PR 



1105 5:17 iWRTH CAROLINA REGISTER December 3, 1990 



CUMULA TIVE INDEX 



JUSTICE 

Attorney General, Ofiice of the, 192 PR, 273 PR 

Criminal Justice Education and rraining Standards Commission, 704 PR 

Sheriffs' Standards Division, 608 PR 

LICENSING BOARDS 

Auctioneers Commission, 1093 PR 

Certified Public Accountant Examiners, 983 PR 

Cosmetic Art Examiners, Board of, 355 PR, 708 PR, 927 PR 

Electrical Contractors, Board of Examiners of, 356 PR 

Medical Exammcrs, Board of 207 PR, 838 PR, 862 PR 

Midwifery Joint Committee, 994 PR 

Mortuary Science, Board of, 749 PR 

Nursing, Board of, 300 PR, 496 PR, 994 PR, 1096 PR 

Nursing Home Administrators, Board of 750 PR 

Pharmacy, Board of, 1031 PR 

Physical Therapy Examiners, Board of 443 PR 

Plumbing and Heating Contractors, Examiners, 621 PR 

Practicing Psychologists, Board of, 755 PR 

Real Estate Commission, 625 PR, 863 PR 

PL BIJC EDUCATION 

Elementary and Secondary', 141 PR, 275 PR, 351 PR, 1028 PR 

RE\ENUE 

Individual Income Tax, 359 ER. 1036 FR 
License and Excise Tax Di\ision, 445 ER 
Sales and Use Tax, 213 FR, 453 ER, 872 ER 

SECRE lARV OF STA IE 

Corporations Division, 489 PR 

Securities Division, 293 PR, 4Q5 PR, 927 PR, 1029 PR 

STA IE PERSONNEL 

State Personnel Commission, 277 PR, 500 PR, 756 PR, 996 PR 

STA IE I REASl RER 

Department Rules, 352 PR 

Local Go\emment Commission, 352 PR, 442 PR 

Solid Waste Management Capital Projects Financing Agency, 354 PR 

STAIEMENTS OF ORGANIZATION 

Statements of Organization, 639 SO 

TRANSPORTAIION 

Highways, Di\ision of 765 FR, 883 FR, 1038 FR 
Motor Vehicles, Division of 222 FR, 773 FR, 943 ER 



5:17 NORTH CAROLINA REGISTER December 3, 1990 1106 



NORTH CAROLINA ADMINISTRATIVE CODE 

The full publication consists of 53 volumes, totaling in excess of 15,000 pages. It is supplemented monthly 
with replacement pages. A one year subscription to the full publication including supplements can be 
purchased for seven hundred and fifty dollars (S750.00). Individual volumes may also be purchased with 
supplement service. Renewal subscriptions for supplements to the initial publication are available at one- 
half the new subscription price. 

PRICE LIST FOR THE SUBSCRIPTION YEAR 



Volume 


litle 


Chapter 


Subject 


New 
Subscription* 


lotal 
Quantity Price 


1 - 52 


Full Code 

1 

2 

2 

3 

4 

4 

5 

5 

6 

7 

8 

9 

10 

10 

10 

10 
10 
10 
10 
10 
10 
10 
10 
10 
10 
10 
10 
10 

11 

12 
13 
13 

13 
14A 

ISA 
15A 
15A 
15A 
15A 


1 - 37 
I - 24 
25 - 52 
1 - 4 
1 - 2 

3- 20 
1 - 2 
3 -4 

1 - 4 
1 - 12 
1 - 9 
1 - 4 

I - 2 

3 A - 3K 
3L- 3R 

3S - 3i: 

4- 6 
7 

8- 9 
10 

II - 14 
15- 17 
18 

19- 30 
31 - a 
34- 41 
42 

43 - 51 

1-15 

1 - 12 

1 - 6 

7 

8 - 15 

1 - 11 

1 - 2 
3-6 
7 

8- 9 
10 


All titles 
Administration 
Agnculture 
Agriculture 
Auditor 

HCD (includes ABC) 
F-:CD 

Correction 
Correction 
Council of State 
Cultural Resources 
I'lcctions 
Governor 
Human Resources 
Human Resources 
Human Resources 
(includes CON) 
1 luman Resources 
I luman Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
I luman Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Insurance 
Justice 
Labor 
OS HA 
labor 

Cnme Control and 
I'ublic Safety 
I;HNR (includes EMC) 
L-HNR 

Coastal Management 
liHNR 
Wildlife 


$750.00 
90.00 
75.00 
75.00 
10.00 
45.00 
90.00 
60.00 
30.00 

60.00 
10.00 
45.00 
30.00 
90.00 

45.00 
30.00 
30.00 
30.00 
30.00 
30.00 
60.00 
45.00 
75.00 
90.00 
30.00 
60.00 
45.00 
90.00 
90.00 
90.00 
30.00 
45.00 
45.00 

45.00 
90.00 
45.00 
45.00 
30.00 
45.00 




1 




2 




3 




4 




5 




6 




7 




8 




9 




10 




11 




12 




13 




14 




15 




16 




17 




18 




19 




20 




21 




22 




23 




24 




25 




26 




27 




28 




29 




30 




31 




32 




33 




34 




35 




36 




37 




38 






Continued 



New Total 

^'oIumc Title Chapter Subject Subscription* Quantity Price 

EHXR 90.00 

EHNR 

(includes Breathalizer) 75.00 

Education 30.00 

Revenue 75.00 

Revenue 60.00 

Secretan- of State 30.00 

Transportation 90.00 

Treasurer 45.00 

Licensing Boards 75.00 

Licensing Boards 75.00 

Licensing Boards 

AdministratiN'e Procedures 75.00 

Community Colleges 10.00 

Independent Agencies 10.00 

State Personnef 60.00 

.Administrative Hearinas 10.00 



39 


15A 


11 - 18 


40 


15A 


19- 26 


41 


16 


1 -6 


42 


17 


1 - 6 


43 


17 


7- 11 


44 


18 


1 - 7 


45 


19A 


1 - 6 


46 


20 


1 - 9 


47 


21 


1 - 16 


48 


21 


17- 37 


49 


21 


38 - 70 




22 


1 - 2 


50 


23 


1 - 2 


51 


24 


1 - 2 


52 


25 


1 


53 


26 


1 -4 



Total 



(Make checks payable to Office of Administrative Hearings.) 

* This price includes the title in its current form plus supplementation for the subscription year. 
Subscription years are Januaiy 1 through December 31. 



MAIL TO: 



OEFICE OF ADMINISTRATIVE HEARINGS 

POST OFEICE DRAWER 11666 

RALEIGH, NORTH CAROLINA 27604 



\^IZ EUI10JB3 qyoN 'qSiaiB^ 
99911 jaMEJQ O d 

sSuueaH aAijBJjsiuiuipv Jo aaijJO 



3H 

/IS 



FOLD HERE 



NORTH CAROLINA REGISTER 
ORDER FORM 



Please enter my subscription for the North Carolina Register to start with the issue. 

($105.00)/year subscription) 

Renew North Carohna Register 

Check Enclosed D Please bill me 

ase make checks payable to Office of Administrative Hearings 

ME ADDRESS 

^Y STATE ZIP 

ONE 



turn to Office of Administrative Hearings - fold at line, staple at bottom and affix postage.) 



CHANGE OF ADDRESS: 



I . Present Address 



NAME 



ADDRESS 



CITY 



STATE 



ZIP 



2. New Address 



NAME 



ADDRESS 



CITY 



STATE 



ZIP 



Office of Administrative Hearings 

P. O. Drawer 11666 
Raleigh, North Carolina 27604 



"3AFETY m 
HE LAWb' 




FIRST CLASS MAIL 



585 
^'«IV. OF NORTH CAROLINA 
'-''« u'BRARy 

m H£CKE-i/ETTACH 064-ft 
CHAPEL HILL 



NC 275H